Vessels: registrations, charters and incidents · France / Switzerland
Bill of lading: holder and cargo-delivery records
The bill of lading must connect the carrier, goods and person claiming delivery. French law addresses receipt evidence and the good-faith transferee’s position. Swiss maritime law expressly links delivery to the legitimate holder and sets rules for original documents. Identify the instrument’s form, transfer chain and release instructions. A scan alone does not establish the legal control required for a transferable electronic title.
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Is the document negotiable, named to a consignee or issued in another form?
France: record the actual named consignee, claimed transferable form and printed conditions. Switzerland: identify the document’s holder form and transfer evidence rather than inferring entitlement from possession of a scan or a matching cargo invoice.
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Who issued the bill and which carrier does the document identify?
France: identify the named carrier, issuer, signer and stated authority from the complete bill. Switzerland: do the same for the maritime bill recording receipt and the undertaking to deliver to its legitimate holder, keeping any agent’s role separate.
Code des transports, livre IV : L5422-3Navigation maritime : texte fédéral suisse
Is the document negotiable, named to a consignee or issued in another form?
France: record the actual named consignee, claimed transferable form and printed conditions. Switzerland: identify the document’s holder form and transfer evidence rather than inferring entitlement from possession of a scan or a matching cargo invoice.
Code des transports, livre IV : L5422-3Navigation maritime : texte fédéral suisse
Bill-holder and release evidence chain
Synthetic example: fictional records. Bill-holder and release evidence chain.
Synthetic example: fictional records · Bill-holder and release evidence chain
- Jurisdiction
- France
- Bill reference
- BL-A, received version
- Consignee or holder
- Party B, capacity to establish
- Originals or control
- Set O1, status to check
- Release instruction
- Request D1, correspondence C2
A scan alone does not establish the legal control required for a transferable electronic title.
Which originals or electronic-control records establish the delivery entitlement?
France: preserve original-title evidence or the electronic system’s legally relevant control records; a PDF alone is insufficient. Switzerland: record all issued originals and the presentation branch under LNM 116, without importing the French electronic-title framework.
Code des transports, livre IV : L5422-3Navigation maritime : texte fédéral suisse
Preparation reference: Bill-holder and release evidence chain
| Preparation question | Point to verify |
|---|---|
| Who issued the bill and which carrier does the document identify? | France: identify the named carrier, issuer, signer and stated authority from the complete bill. Switzerland: do the same for the maritime bill recording receipt and the undertaking to deliver to its legitimate holder, keeping any agent’s role separate. |
| Is the document negotiable, named to a consignee or issued in another form? | France: record the actual named consignee, claimed transferable form and printed conditions. Switzerland: identify the document’s holder form and transfer evidence rather than inferring entitlement from possession of a scan or a matching cargo invoice. |
| Which originals or electronic-control records establish the delivery entitlement? | France: preserve original-title evidence or the electronic system’s legally relevant control records; a PDF alone is insufficient. Switzerland: record all issued originals and the presentation branch under LNM 116, without importing the French electronic-title framework. |
| How do endorsements and transfers connect the original recipient to the current holder? | France: trace endorsements and other claimed transfers to the current holder, retaining dated evidence. Switzerland: trace the same documentary chain to the legitimate holder; neither worksheet validates signatures, missing transfers or the claimant’s legal entitlement. |
Code des transports, livre IV : L5422-3Navigation maritime : texte fédéral suisse
How do endorsements and transfers connect the original recipient to the current holder?
France: trace endorsements and other claimed transfers to the current holder, retaining dated evidence. Switzerland: trace the same documentary chain to the legitimate holder; neither worksheet validates signatures, missing transfers or the claimant’s legal entitlement.
Code des transports, livre IV : L5422-3Navigation maritime : texte fédéral suisse
Which official provision helps explain this situation?
The bill of lading must connect the carrier, goods and person claiming delivery. French law addresses receipt evidence and the good-faith transferee’s position. Swiss maritime law expressly links delivery to the legitimate holder and sets rules for original documents. Identify the instrument’s form, transfer chain and release instructions. A scan alone does not establish the legal control required for a transferable electronic title.
What cargo description and reservations appear on the bill?
France: compare cargo description and carrier reservations with loading records under L5422-3. Switzerland: retain the bill’s actual cargo statements and reservations, identifying discrepancies with receipts; description on the title is not an independent physical inspection.
Code des transports, livre IV : L5422-3Navigation maritime : texte fédéral suisse
How does a charterparty affect a third-party holder's documentary rights?
France: the Code distinguishes relations with a third-party bill holder from the charterparty alone. Switzerland: keep charter instructions and the holder’s delivery entitlement separate; the charterer’s commercial role does not itself establish that it holds the required original.
Code des transports, livre IV : L5422-3Navigation maritime : texte fédéral suisse
What evidence supports surrender, replacement or a disputed release request?
France: retain the carrier’s surrender, replacement or disputed-release correspondence and the precise title requested. Switzerland: distinguish destination presentation from pre-destination delivery requiring all originals, and preserve concurrent-holder evidence rather than authorising release to the first claimant.
Code des transports, livre IV : L5422-3Navigation maritime : texte fédéral suisse
Which discrepancies between bill, holder and delivery instruction require resolution?
France: compare holder identity, title, cargo and release instructions before asking for clarification. Switzerland: reconcile the original set, transfer chain and presentation place as well. Any missing or conflicting record stays explicit; preparation is not a delivery authorisation.
Code des transports, livre IV : L5422-3Navigation maritime : texte fédéral suisse
Which official references should you consult?
- Code des transports, livre IV : L5422-3www.legifrance.gouv.fr
- Navigation maritime : texte fédéral suissewww.fedlex.admin.ch
Texts cited last checked: 3 November 2026
What other questions arise in this file?
Is the document negotiable, named to a consignee or issued in another form?
France: record the actual named consignee, claimed transferable form and printed conditions. Switzerland: identify the document’s holder form and transfer evidence rather than inferring entitlement from possession of a scan or a matching cargo invoice.
Code des transports, livre IV : L5422-3Navigation maritime : texte fédéral suisse
How do endorsements and transfers connect the original recipient to the current holder?
France: trace endorsements and other claimed transfers to the current holder, retaining dated evidence. Switzerland: trace the same documentary chain to the legitimate holder; neither worksheet validates signatures, missing transfers or the claimant’s legal entitlement.
Code des transports, livre IV : L5422-3Navigation maritime : texte fédéral suisse
How does a charterparty affect a third-party holder's documentary rights?
France: the Code distinguishes relations with a third-party bill holder from the charterparty alone. Switzerland: keep charter instructions and the holder’s delivery entitlement separate; the charterer’s commercial role does not itself establish that it holds the required original.
Code des transports, livre IV : L5422-3Navigation maritime : texte fédéral suisse
Which discrepancies between bill, holder and delivery instruction require resolution?
France: compare holder identity, title, cargo and release instructions before asking for clarification. Switzerland: reconcile the original set, transfer chain and presentation place as well. Any missing or conflicting record stays explicit; preparation is not a delivery authorisation.
Code des transports, livre IV : L5422-3Navigation maritime : texte fédéral suisse