The “Consignment Note” in the CMR Convention | ||
| مطالعات حقوق تطبیقی | ||
| Article 7, Volume 4, Issue 2, February 2014, Pages 123-136 PDF (194.33 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.22059/jcl.2014.36316 | ||
| Authors | ||
| Saeed Mohseni1; Hosein Safavi Shamloo* 2 | ||
| 1Assistant Professor, Private Law Department, Ferdowsi University of Mashhad, Mashhad, Iran | ||
| 2M.A. student of private law, Ferdowsi University of Mashhad, Mashhad, Iran | ||
| Abstract | ||
| The CMR Convention governs the international transport of goods by road. One of the important and common issues in transport is the consignment note whose study of provisions and related issues is appropriate. This paper seeks to examine the legal nature, features, terms and legal effects of consignment note. According to the results of this research, consignment note is a commercial document with no title, no capability of transfer and mortgage and also no role in the conclusion of the contract of carriage. Obviously, on one hand a consignment note can be considered as a presumption and on the other hand in some cases it is effective on the right to take the possession of goods and their transmission to the consignee. Also it should be noted that set-out of consignment note has both mandatory and optional conditions that have special sanctions depending on the cases. | ||
| Keywords | ||
| CMR convention; consignment note; Features; legal effects; Terms | ||
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