Rights of the Controlling Party
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Chapter 10 addresses in detail the cargo side’s control of the goods during a maritime carriage. Because the rules on control of the goods under the law of carriage may have an impact on other fields of law such as the law of sale and the law of property, these rules are of utmost importance for the international trade generally.
The exercise of the right of control may be linked to the possession of a transport document, but not necessarily so. As a matter of principle, the right of control is a self sustained right and, therefore, may serve as the legal basis for documentless maritime carriage. As such, it will constitute an essential element of the legal infrastructure for future e-commerce systems in overseas trade and transport.
KeywordsSupra Note Legal Basis Legal Certainty Security Interest Legal Infrastructure
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