Relation between Charterparty and Bill of Loading
(Human Law Justice-Justice Academy of Turkey, 2012)
Nil Merve ÇELİKBAŞ ŞEKER, Attorney at Law
The carriage by sea is the most important agent of the commercial life. The contract of affreightment is also one of the most important contracts of carriage by sea. The party that is carrier accepts and undertakes to carry the goods and the other party that is charterer, accepts and undertakes to pay the charge (which is referred to “charter”) in consideration of carrying of goods whereby these mentioned contract of affreightment. After the contract of affreightment, the bill of leading is unilaterallysettled by carrier.
The bill of leading indicates that the goods are shipped to the vessel or the goods are received. The bill of leading includes also the undertaking of carriage of the goods and the delivery to the consignee. The goods are represented by the bill of leading which is also bill as valuable and commercial paper. In this regard, the bill of leading is not security which only indicates the relation between the carrier and charterer that are the parties of the contract of affreightment. The basic function of the bill of leading is that it is a valuable and commercial paper which represents the goods.
The carrier determines also the scope of the goods which are received from the shipper. In this legal basis, the bill of leading states furthermore the clauses of the contract of affreightment. Regarding the mentioned information above, the contract of affreightment, elements, parties, concerned persons, varieties, legal qualification, signification are explained below. Subsequently; the bill of leading, its species and arrangements are also introduced. Consequently, the relation between the contract of affreightment and the bill of leading are examined and clarified regarding the Article.