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Part III Electronic Documents: Emerging Practices, 11 Electronic Systems for the Issue and Transfer of Rights Over Goods in Transit

From: Electronic Documents in Maritime Trade: Law and Practice (2nd Edition)

Miriam Goldby

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 09 December 2022

Documents of carriage — Electronic commerce and choice of law — Documents

This chapter examines electronic systems set up for the issue and transfer of carriage documents. The main requirements that must be fulfilled by electronic systems for the issue and transfer of rights over goods in transit are an assurance of singularity, together with the ability to grant “exclusive control” over an electronic record to a single person—that is, of ensuring that the rights represented by such electronic record can be conveyed to one person only and ensuring that it would not be possible for more than one person at any point in time to lay claim to these rights. According to the type of transport document that it is meant to replace, the system may or may not need to allow for exclusive control to be transferred after it has been issued.

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