Global Transport Agreements and Shipping Documents

Understanding Transport Contracts and Shipping Documents

Domestic vs. International Transport

Transport is categorized as either domestic or international. Domestic transport occurs when both the origin and destination of the goods are located within the same country (e.g., Spain). In contrast, international transport takes place when either the origin or the destination is located outside the country.

Consignment Notes and Transport Models

While there is no specific mandatory format for a consignment note, a Ministerial Decree regulating transport contracts has proposed two primary models:

• Full Freight Transport

  In this model, the entire vehicle is hired to perform a single transport service between a sender and a receiver. The carrier typically does not handle the merchandise directly during transit.

• Breakbulk Transport

  Breakbulk transport involves the carrier handling and consolidating goods during transit. This is commonly known as package transport, where different consignments from various senders are combined for delivery to multiple recipients.

The Bill of Lading: Contract and Evidence

The bill of lading serves as the primary contract document and evidence that transport has occurred. Even without a physical document or signature, the agreement is often governed by international conventions like the CMR (Convention on the Contract for the International Carriage of Goods by Road).

Contract of Carriage: Domestic and International Distinctions

The contract of carriage also distinguishes between domestic and international levels:

• Domestic Carriage

  Domestically, the provisions of the Commercial Code are applicable, often supplemented by specific national laws on inland transport.

• International Carriage

  At the international level, a distinction is made between the discretionary contract (often a charter party) and the liner contract (for regular services).

Maritime Transport Contracts

Charter Party Agreement

The Charter Party is the document embodying the discretionary contract of carriage, typically involving the hiring of an entire ship. It can be signed for a single voyage, multiple voyages, or for a specified period.

The content of a Charter Party usually includes:

• The cargo being carried, including its weight and volume.
• Delivery terms and conditions.
• Laytime: The agreed length of stay of the ship in port for loading and unloading.
• Remuneration and penalties related to delivery time.
• The agreed price for the transport service.
• Specific operations included in the contract.

Maritime Bill of Lading (for Regular Sea Transport)

The Maritime Bill of Lading is the document used for transport that takes place on a regular sea route (liner services). There is no single standard format for an ocean bill of lading; however, common types include:

• Nominative Bill of Lading

  Specifies the name of the person to whom the goods must be delivered.

• To Order Bill of Lading

  Indicates the person who can instruct who receives the goods. This type is transferable by endorsement.

• Bearer Bill of Lading

  Goods are delivered to the person presenting a copy of the bill of lading, making them the legitimate holder entitled to claim the goods or endorse it to another party.

Rail Transport Contracts

For rail transport, different regulations apply based on the scope:

• Domestic Rail Transport

  Domestically, it is covered by the provisions of the Commercial Code, supplemented by the basic law on inland transport.

• International Rail Transport

  Internationally, the Contract for International Carriage of Goods by Rail, better known as CIM, applies.

The rail consignment note has mandatory contents, typically including:

• Destination station name
• Recipient's name and address
• Weight and rate
• Number of packages and packaging type
• Required customs documents

Air Transport Agreements

Air transport is governed by specific legal frameworks:

• Domestic Air Transport

  On the domestic level, national air navigation laws apply.

• International Air Transport

  In the international arena, the Warsaw Convention applies.