3.1 Introduction

3.1. As approximately 80% of the goods are transported by sea (res in transitu), it would be no exaggeration to assert that shipment has become an integral part of most sale transactions, whether domestic or international. Transportation is connected to such extent with the sale of commodities so that performance of the transaction is executed predominantly with the aid of the cardinal “instrument” of the sea carriage contract, namely the bill of lading,3 which serves as a tool in the fulfilment of the primary duty to deliver the goods4 – notably the cargo – for the transfer of ownership.5 Equally noteworthy is that, albeit no international uniform rule exists regarding the function of the bill of lading that it represents the object (res) – more precisely its possession6 – the function is recognised internationally.7 Further, national courts often ignore the