Legal basis:
– Commercial Act.
1. Definitions
A consignor shall, upon the request of a carrier, issue a waybill.
The following particulars shall be entered into a waybill, and a consignor shall write his/her name and affix his/her seal, or affix his/her signature, thereon:
– The type of the transported goods, and their weight or dimensions, as well as the description and number of packages and markings thereon;
– The destination;
– The name or trade name, place of business, or domicile of the consignee and the carrier;
– The freight charge and the distinction between advance payment and payment after arrival;
– The place and date where the waybill was prepared.
When a consignor has entered a false or inaccurate statement into a waybill, he/she shall be liable for damage resulting therefrom to a carrier.
2. Delivery of Bills of Lading
A carrier shall, upon the request of a consignor, deliver to him/her a bill of lading.
The following particulars shall be entered into a bill of lading, and the carrier shall write his/her name and affix his/her seal, or affix his/her signatures, thereon:
– The particulars mentioned above;
– The name or trade name, place of business, or domicile of the consignor;
– The freight charge and any other expenses incurred in relation to the transported goods, and the distinction between advance payment or payment after arrival;
– The place and date where the bill of lading was prepared.
3. Legal Effects of Entries in Bills of Lading
When a bill of lading has been issued, it is assumed that a contract of carriage has been entered into between the carrier and the consigner, as stipulated in the bill of lading, and the transported goods have been received as such.
In regard to a holder who has acquired a bill of lading in good faith, a carrier is deemed to have received the transported goods, as stipulated in the bill of lading, and shall be responsible for the goods as the carrier, as stipulated in the bill of lading.
