Maritime Carrier Obligations and Bill of Lading Essentials

Carrier Obligations in Maritime Transport

The obligations of the carrier are reduced to:

• Load: The care and custody of the cargo is carried by the captain, who represents the carrier for this purpose.
• Custody: Custody must be enforced directly or through its agents (correct operation of loading, unloading, stowage, and delivery at port).
• Transportation: The master should provide partial receipts of goods, extending the respective Bill of Lading (BL) or documents, if due.

Legal Definition of Bill of Lading (Art. 977 C.C.)

A Bill of Lading is a document that proves the existence of a maritime transport agreement and confirms that the carrier has taken charge of or loaded the goods, obligating them to deliver the cargo against the submission of this document to a particular person or their order.

Probative Value of the Bill of Lading

The BL is presumed, unless proved otherwise, to confirm that the carrier has taken charge of the goods as described. Evidence to the contrary is not supported against the carrier if the BL has been transferred to a third party, including a consignee who acted in good faith in compliance with the description contained in the document (BL as a title of value).

Stipulations Typical of a Bill of Lading (B/L)

Section 1015 outlines the stipulations inherent to a Bill of Lading:

1. The general nature of the goods, leading marks necessary for identification, an express statement regarding dangerous character (if applicable), and the number of packages, pieces, or weight as furnished by the shipper.
2. The apparent condition of the goods.
3. The name and principal place of business of the carrier.
4. The name of the shipper.
5. The name of the consignee, if notified by the shipper.
6. The port of loading and the date the carrier took delivery of the goods.
7. The port of discharge.
8. The number of original Bills of Lading issued.
9. The place of issuance of the Bill of Lading.
10. The signature of the carrier or their authorized representative.
11. Freight details, specifically regarding payment by the consignee.
12. The declaration referred to in the last paragraph of Article 1039.
13. A statement, if applicable, that the goods are or may be carried on deck.
14. The date or period for delivery at the port of discharge, if expressly agreed upon.
15. Any limits of responsibility agreed upon in accordance with Article 997.