Abstract
The present study deals with review of regulations governing shipping bill of lading in Iran laws and international trade documents through descriptive analysis. In this paper, it is tried to study the concepts of maritime transport contract, legal concept of vessel, shipping bill of lading and its components, the content of shipping bill of lading and its proofing aspects in international conventions and Iran law. The research findings indicate that shipping bill of lading is considered one of the valid documents in international trade and in accordance with the common trade, judicial procedures and the maritime code of Iran and Hamburg convention is considered as a common trade document. In Rotterdam convention, the capability of transferring written and electronic transport record and their transferring procedure as used in trade documents has been mentioned. The value and credit of shipping bill of ladings of goods embarked on deck or clean bill of lading in international trade made such bill of ladings be supported by trade code in international trade and conventions and local regulations of countries such that the transportation agents are prohibited from the right to prove negative of some contents of this document against the holder in good faith of shipping bill of lading.
Highlights
Industrial revolution in mid-18th century lead to increasing expansion of maritime transportation and shipping bill of lading that emerged in 14th century in legal realm has evolved in 600-year period and its dimensions, specifications and its governing legal laws have been defined or identified
The research findings indicate that shipping bill of lading is considered one of the valid documents in international trade and in accordance with the common trade, judicial procedures and the maritime code of Iran and Hamburg convention is considered as a common trade document
The value and credit of shipping bill of ladings of goods embarked on deck or clean bill of lading in international trade made such bill of ladings be supported by trade code in international trade and conventions and local regulations of countries such that the transportation agents are prohibited from the right to prove negative of some contents of this document against the holder in good faith of shipping bill of lading
Summary
Industrial revolution in mid-18th century lead to increasing expansion of maritime transportation and shipping bill of lading that emerged in 14th century in legal realm has evolved in 600-year period and its dimensions, specifications and its governing legal laws have been defined or identified. On the other hand, increasing expansion of maritime transportation and the significance of this document in international transactions and trade and the expansion of laws governing it in international aspect made a convention passed as "International convention on integration of some laws on shipping bill of lading" known as " Hague Convention" or Brussels. After approval of this convention, its deficiencies soon became clear and attempts to remove these deficiencies lead to passing Visby Protocol in 1965 and in 1968, the revisions approved within Visby protocol were directly included in Hague convention and passed by in some countries as "Visby-Hague Rules". It is tried to review the concept of shipping bill of lading and its proofing aspect in international conventions by looking at Iran law
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