The maritime carrier must put

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The maritime carrier must enable the person entitled to the goods to take delivery thereof. Therefore, while the carrier merely contended that the original bills of lading had been, not sent to the consignee, but only transmitted by the shipper to the carrier's agency in the country of departure, authorising, by "express release", immediate delivery without surrender of the bills of lading, a court of appeal, after having held that only the carrier's agency at the port of destination had been informed thereof by an internal document that did not contain the reference of the container in question, the consignee himself receiving no notice, was able to infer from those findings and assessments that the consignee had not been in a position to take delivery of the goods.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for legal remedies.
• Keep all your supporting documents (title deeds, deeds, correspondence).
• Anticipate: preventive advice always costs less than litigation.

For an analysis of your situation: 30-min consultation at €45 with Maître Zakine.