文章基本信息

标题：Reflections on Bills of Lading and Silo Receipts used in the South African Futures Market
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作者：Sarel F. du Toit
期刊名称：Journal of International Commercial Law and Technology
印刷版ISSN：1901-8401
出版年度：2009
卷号：2
期号：3
页码：105-111
语种：English
出版社：International Association of IT Lawyers
摘要：South African law, as a mixed jurisdiction, is based on both common law and civil law principles. The legal rules pertaining to the bill of lading illustrate how divergent legal systems are harmonised in South African law. Although neither the bill of lading nor the Safex silo receipt can be regarded as negotiable instruments, both exhibit the characteristics of a document of title. Bulk cargo and grain stored in a silo, however, provide particular difficulties with regard to effecting symbolical delivery of the goods and thus transferring ownership. It is submitted that, despite reservations about construing an attornment in the case of bills of lading in English law, attornment could be employed as a form of delivery, both in the case of grain in mass storage, and where bills of lading and silo receipts are dematerialised.