ABSTRACT

The documents that fall within the scope of Art. 57(1)(b) CISG are disputed. Certainly, a bill of lading and a warehouse receipt are such documents; they are genuine documents of title to goods, and their delivery replaces the delivery of the goods. There are, however, further documents in international trade that, without being documents of title to goods, are utilised to effect delivery of the goods, e.g. delivery orders, delivery warrants, bills of delivery (e.g. Art. 4 et seq. Montreal Convention180), or a consignment note according to Art. 4 et seq. CMR,181 Art. 12 et seq. CIM,182 or Art. 5 et seq. Warsaw Convention.183