Can the railway waybill have the same control function as the ocean bill of lading?

Mondo Social Updated on 2024-02-19

Railway waybills and ocean bills of lading are both common transport documents in international logistics, but they have some similarities and differences in terms of cargo control.

First of all, the bill of lading, as an important document in shipping, has the characteristics of a certificate of title and represents a certificate of ownership of the goods. By holding a sea bill of lading, the holder can control and dispose of the goods under the bill of lading, including requiring the carrier to deliver the goods, transfer the ownership of the goods, etc. Therefore, the ocean bill of lading plays an important role in the right to control the cargo.

However, there are some differences between the railway waybill and the ocean bill of lading in terms of cargo control. The railway waybill usually only has the function of proof of the contract of carriage and the receipt of the goods, but does not have the function of a certificate of title. This means that the railway waybill itself does not represent the ownership of the goods, nor can the ownership of the goods be transferred by transferring the railway waybill. Therefore, the role of the railway waybill is relatively weak in terms of the right to control the goods.

In addition, there are differences between the rail waybill and the ocean bill of lading in terms of issuance, circulation and delivery. The ocean bill of lading is usually issued by the carrier or its **person, and can be freely transferred between the two parties, and the flow of the bill of lading is usually consistent with the flow of goods. On the other hand, the railway waybill is usually issued by the railway transport company, and its circulation scope is relatively limited, usually only between the consignor, the consignee and the railway carrier.

In summary, the railway waybill does not have the same role as the ocean bill of lading in terms of the right to control the goods. This is mainly due to the fact that the railway waybill does not have the function of a certificate of title, cannot represent the ownership of the goods, and cannot transfer the ownership of the goods by transferring the railway waybill. Therefore, when using railway waybills for international logistics transportation, it is necessary to pay special attention to the restrictions on its right to control goods, and take corresponding measures to ensure the safety and delivery of goods according to the actual situation.

However, the specifics of the logistics industry may vary depending on different international conventions, national regulations, and carriers' standard clauses. Therefore, in practice, it is recommended to consult professional logistics legal counsel or relevant agencies for accurate information and guidance.

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