Article 48. Delivery when no negotiable transport document or negotiable electronic record is issued

Article 49. Delivery when negotiable transport document or negotiable electronic transport record is issued

(a) under article 7 (previously 4) agrees with the carrier to replace a negotiable transport document by a negotiable electronic transport record or to replace an electronic transport record by a negotiable transport document, or

When no negotiable transport document or no negotiable electronic transport record has been issued, the following paragraphs apply

When a negotiable transport document or a negotiable electronic transport record has been issued, the following paragraphs apply

The law should provide that a security right in a negotiable document and the goods represented thereby is subject to the rights under the law governing negotiable documents of a person to whom the negotiable document has been duly negotiated.

This article applies when no negotiable document has been issued, or, for instance in e commerce situations, when no document at all is used.

The law should provide that the rights of a person who by other law takes rights in a promissory note or negotiable document free of claims to it holder in due course of a promissory note or negotiable document takes such asset free of a security right that is effective against third parties.

In response to a question, it was clarified that, if more than one original of the negotiable transport document was issued, all of them would have to be collected before the negotiable electronic transport record could be issued in substitution.

(e) Notwithstanding paragraphs (c) and (d), the holder that did not have or could reasonably not have knowledge of such delivery at the time it became a holder acquires the rights incorporated in the negotiable transport document or negotiable electronic transport record.

Negotiable documents

The law should provide that, if a security right in a negotiable document is effective against third parties, the corresponding security right in the goods represented by the document is also effective against third parties.

The suggestion was made that thought could be given to a provision along the lines of draft article 77 of the draft instrument, which concerns the application of arbitration provisions to the holder of a negotiable transport document or a negotiable electronic transport record.

Negotiable documents of title

(a)(i) Without prejudice to article 46 the holder of a negotiable transport document is entitled to claim delivery of the goods from the carrier after they have arrived at the place of destination, in which event the carrier must deliver the goods at the time and location referred to in article 11(4) (previously 7 (3)) to such holder upon surrender of the negotiable transport document.

(b) The proceeds take the form of money, negotiable instruments, negotiable documents of title or bank accounts

Women's rights are not negotiable!!

The law should provide that, for a possessory security right in tangibles represented by a negotiable document of title to be effective against third parties, delivery of the document to the secured creditor constitutes effective dispossession of the grantor during the time that the tangibles are covered by the document.

Article 56(2)(d) (which has been suggested for deletion in A CN.9 WG.III WP.56) basically provides that the instructions given should be stated on a negotiable transport document.

In this respect, attention is drawn to paragraph 62(3) (previously 60(3)) that qualifies the level of activity in order the holder of a negotiable transport document to assume liabilities.

This is not a negotiable thing, hunger.

This implied that that sharing was non negotiable.

Draft article 1 (p) Negotiable electronic transport record

The problem here is with the negotiable bill of lading. This document provides security to its holder by granting it the exclusive right to take delivery of the goods at the place of destination.

In the event that more than one original of the negotiable transport document has been issued, the surrender of one original will suffice and the other originals will cease to have any effect or validity.

(b) The character or condition of the goods or the circumstances and terms and conditions under which the carriage is to be performed are such as reasonably to justify a special agreement, provided that ordinary commercial shipments made in the ordinary course of trade are not concerned and no negotiable transport document or negotiable electronic transport record is issued for the carriage of the goods.

The water has an ability to make the city negotiable, tangible.

The recommendations on negotiable instruments, independent undertakings and negotiable documents appear within square brackets as the Working Group has not decided yet that those types of asset should be addressed in the Guide.

Negotiable meaning that it makes a difference whether you do something or not.

(a) Qualifies as a protected holder under the law governing negotiable instruments or

A distinction could be drawn between two categories of original document documents such as negotiable instruments with a single original, and other documents such as contracts prepared in duplicate or airway bills prepared in four copies, for which there was more than one original .

The view was expressed that the proposed draft of article 4 should provide protection only to holders of negotiable documents and to good faith holders of non negotiable documents, in the sense that third party holders of such non negotiable documents are likely to be unaware of the actual nature of the relationship between shipper and carrier, and thus in need of protection.

There is no corresponding requirement that instructions must be given when no negotiable transport record has been issued, e.g. the designation of a new consignee should be stated on any non negotiable transport record which may have been issued.

Moreover, it was stated that reliance by third parties was justifiable only when the document provided conclusive evidence, such as for negotiable bills of lading, while no premium on reliance was due to parties willing to take a risk on the basis of less secure documents.

Draft article 1 (q) Non negotiable electronic transport record and draft article 1(r) Contract particulars

National legislation requiring the declaration of negotiable bearer instruments being transported across borders when exceeding a specified amount

(a) An official receipt shall be issued as soon as practicable for all cash and negotiable instruments received.

It was explained that paragraph 2 of this draft article was a new provision that was intended to explicitly state what was implicit in the draft instrument, that issuance, possession and transfer of a negotiable document had the same effect as the issuance, control and transfer of an electronic transport record.

When the controlling party exercises the right of control in accordance with article 54, it shall produce proper identification and any instructions given or the replacement of the consignee by the controlling party shall be stated in any no negotiable transport document or electronic record which may have been issued.

3. Nothing in this Convention affects the rights and obligations of any person under the law governing negotiable instruments.

First, Ukraine s territorial integrity is not negotiable. This has been said many times, but repetition does not diminish its importance.

Does the Libyan Arab Jamahiriya impose controls on the cross border movement of cash, negotiable instruments, precious stones and metals?

As indicated in the Secretariat's latest study on this issue (A CN.9 WG.IV WP.90), the particular problem involved in creating an electronic equivalent for the transfer of a paper based original is how to provide a guarantee of uniqueness equivalent to possession of the original of a document of title or negotiable instrument.

It was stated that it was not possible to understand the rationale for protecting third party holders of non negotiable instruments.

Another question under article 56 is when the right of control shall cease when no negotiable transport record has been issued.