On the regulatory models for introduction of the electronic bills of lading in Croatian law
Author: Dr. Zvonimir Šafranko
Key words: electronic transport documents, bill of lading, electronic bill of lading, documents of title, Maritime Code, modernization of the Croatian maritime law
The analysis of the provisions of Croatian Maritime Code suggests that current Croatian maritime law doesn’t regulate the possibility of issuing electronic bills of lading. In that sense, it seems that the bill of lading as a negotiable document of title remains inseparably linked to the traditional paper-based document.
The paper analyzes the current regulatory framework for the bills of lading in Croatia, provided by the Maritime Code and the Obligations Act. The arguments confirming the thesis that Croatian law does not provide the institute of Electronic bill of lading are disclosed. It is further discussed whether the Croatian law allows the possibility of issuing electronic bills of lading under the principle of freedom of contract. Additionally, the paper analyzes the legal solutions regarding electronic bills of lading in comparative law, particularly in the United States and South Korea. In that term the various legislative approaches are revealed. Further, possible models of introduction of electronic bill of lading into the Croatian law are discussed. In this regard, consideration is given to the possibility of redefining the concept of document of title and bill of lading by introduction of technologically neutral terminology. On the other hand the introduction of the electronic equivalents for document of title and bill of lading in compliance with the existing provision of Article 1135, paragraph 2 of the Obligations Act is considered. Paper also discusses the necessary legislative interventions in the case of both aforementioned approaches. Finally, the assessment of the most appropriate legal approach for the introduction of electronic bill of lading into Croatian law is given.
The aim of the paper is to discuss the possibilities of modernizing Croatian maritime law in the context of progressive technological upturn and the latest legislative developments in the comparative legal systems in order to give concrete legislative proposals regarding the introduction of electronic bills of lading to Croatian law de lege ferenda.
