Chapter 5Warehouse Receipts and Bills of Lading: Negotiation and Transfer
Section § 7501
This section explains the rules for transferring control or ownership of negotiable documents of title, which are legal documents that show ownership of goods. For paper documents, if the document is originally made out to a specific person, it has to be signed by that person and handed over to transfer ownership. If it's made out to 'bearer', just handing over the document is enough. Electronic documents follow similar rules, but don't always require a signature. A document is considered properly transferred if it is done so honestly, without notice of any issues, and for some form of payment or value. Naming someone to be notified on a bill of lading doesn't affect who owns the goods.
Section § 7502
This law explains what rights someone gets when they legally receive a negotiable document of title. If you get such a document correctly, you gain ownership of both the document and the goods it represents, along with certain legal rights. The person who issued the document has to follow its terms without claiming other rights, unless the document or specific legal sections say otherwise. Even if the goods connected to the document are stopped, or if the document was obtained dishonestly or lost, your rights aren't affected if you got it under the right circumstances.
Section § 7503
If someone holds a document claiming ownership of certain goods, it doesn't override the rights of someone who already had a legal interest or secured claim on those goods before the document was issued. The earlier party's rights remain intact unless they allowed the document's issuance or delivery under specific circumstances. Also, if goods are claimed based on an unaccepted order, their ownership depends on those who hold legally negotiated warehouse receipts or bills. Finally, when a freight forwarder issues a bill of lading, the rights of people holding a duly negotiated bill from the forwarder are protected, but the carrier's duty is fulfilled once it delivers the goods as per its own bill.
Section § 7504
This section explains the rules when transferring a document that shows ownership of goods. If you receive such a document but it's not fully valid, you only get the rights that the person transferring it had. For nonnegotiable documents, your rights might not hold up if certain people, like creditors, buyers, or lessees, challenge them. If shipping instructions change and the wrong person gets the goods, the original recipient loses their rights. Furthermore, a seller or lessor can stop the delivery of goods, and the person who follows these instructions should be protected from losses.
Section § 7505
If you endorse a tangible document of title, like signing over a warehouse receipt, you aren't responsible for anything the holder or previous endorsers do wrong.
Section § 7506
If you're given a negotiable physical document that represents goods, and there's something missing like an endorsement from the person who gave it to you, you have the right to demand they provide it. However, it only officially changes hands and can be negotiated from the time you get that endorsement.
Section § 7507
If you sell or hand over a document that shows ownership of goods for payment, not just as a middleman, you assure the buyer that the document is real, you know of nothing that would make the document invalid, and that the transfer is legal and complete regarding the ownership it represents.
Section § 7508
This law states that when a bank or similar intermediary is given documents to collect payment on behalf of someone else, it is only guaranteeing its own honesty and right to handle the documents. This holds true even if the bank has paid or lent money against what's owed or the documents themselves.
Section § 7509
This law explains that the suitability of a document of title to meet the requirements of a sales contract, lease agreement, or a letter of credit depends on the rules set out in other specific divisions of the Commercial Code.