Comparative Analysis of the Delivery Condition in Marine Bills of Lading under English Law and International Conventions

Abstract

The present study has been conducted with the aim of providing a legal analysis of the delivery condition and examining the strengths and weaknesses of Iran’s domestic laws in the field of maritime carriage. This research seeks to answer the central question of whether a party demanding delivery of goods on the basis of a bill of lading is obligated to comply with the rule of presenting the bill of lading, and how Iran’s domestic laws are aligned with—or divergent from—English law and international regulations. In the theoretical sections, the legal nature of the marine bill of lading as a document with multiple functions—contractual, proprietary, and evidentiary—was examined, and its role in ensuring legal security in international commercial transactions was clarified. Marine bills of lading, as instruments for the transfer of ownership and verification of the lawful holder, in addition to showing the carrier’s undertaking, constitute evidentiary tools in legal disputes. Furthermore, the comparative analysis of Iranian law, English law, and the Hamburg and Rotterdam Conventions demonstrated that the presentation of the bill of lading is a necessary condition for delivery of goods, and failure to observe this requirement results in the carrier’s civil liability. The findings showed that although Iranian law contains foundational provisions, it lacks the necessary clarity regarding negotiable and electronic bills of lading, the scope of carrier liability, and harmonization with documentary credits. The absence of consistent judicial precedent also reduces legal security for economic actors. The comparative analysis further demonstrated that drawing upon the experience of English law and the standards of international conventions can eliminate existing ambiguities and enhance the predictability of maritime transactions. In the recommendations section, proposals were made for amending the Maritime Law, drafting implementing regulations, establishing judicial consistency, harmonizing with banking regulations and documentary credits, enhancing the practical capacity of carriers, and utilizing modern technologies for the issuance and transfer of electronic bills of lading.