ABSTRACT
In contractual theory, the relationship between the consignee and the carrier is, in fact, purely procedural. A first group of theories, mostly older ones, has the third-party holder step into the shoes of the shipper: the rights and obligations of the holder are the same as those of the shipper. The second group of theories still explains the position of the third-party holder within the framework of the contract of carriage, but accepts that the holder has a position of his own: his rights and obligations are not entirely the same as those of the shipper. The (contractual) shipper/consignee clearly has a claim against the carrier under the contract of carriage and/or the bill of lading. In civil law countries, assignment is occasionally mentioned as a possible solution to explain the position of the bill of lading holder, but usually without much conviction.
