2007Journal of South African Law / Tydskrif vir die Suid-Afrikaanse RegRequires access

Silo receipts used in the futures market and bills of lading as documents of title (part 1)

S.F. Du Toit

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Abstract

In a previous article it was contended that the bill of lading and a Safex silo receipt can be regarded as Wertpapiere, although neither document is a negotiable instrument. After a discussion of the bill of lading as evidence of the contract of carriage and as a receipt, and a brief analysis of whether the silo receipt exhibits similar characteristics, the bill of lading and silo receipt as documents of title will be examined.

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What this paper is about

In a previous article it was contended that the bill of lading and a Safex silo receipt can be regarded as Wertpapiere, although neither document is a negotiable instrument. After a discussion of the bill of lading as evidence of the contract of carriage and as a receipt, and a brief analysis of whether the silo receipt exhibits similar characteristics, the bill of lading and silo receipt as documents of title will be examined.

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Available abstract

In a previous article it was contended that the bill of lading and a Safex silo receipt can be regarded as Wertpapiere, although neither document is a negotiable instrument. After a discussion of the bill of lading as evidence of the contract of carriage and as a receipt, and a brief analysis of whether the silo receipt exhibits similar characteristics, the bill of lading and silo receipt as documents of title will be examined.

Key concepts: Bill of lading, Silo, Receipt, Futures contract, Entitlement (fair division), Carriage, Business, Law

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