دور المستندات الإلكترونية في تنفيذ عقد النقل البحري للبضائع : سند الشحن البحري الإلكتروني نموذجا : دراسة مقارنة

Abstract EN

Electronic documents play an important role in the implementation of the maritime transport contract for goods, especially the electronic marine bill of lading.

The validity of his data, whether the fraud occurred at the port of embarkation or at the port of arrival, or his arrival was delayed at the port of destination due to disruption of work in the postal authorities as happened in the light of the Corona (Covid-19) pandemic, or he was completely lost when the ship sank, as happened with the (Xelo) ship, which sank in the waters of the Mediterranean in April 2022 AD.

Therefore, we have researched the electronic treatment of the paper marine bill of lading, as we have found that many attempts have been made to digitize the paper marine bill of lading, and those attempts have resulted in finding several electronic systems that have led to the emergence of a number of applications for the so-called electronic marine bill of lading, such as the electronic marine bill of lading for the Bolero Company for the year 1999 AD, the electronic marine bill of lading for the marine contractor (J.P.

Morgan) for the year 2002 AD, and the electronic marine bill of lading for the Mediterranean Shipping Company for the year 2021 AD.

Through the research, we have reached the difficulty of dispensing with the paper marine bill of lading completely to replace it with the electronic marine bill of lading due to the defects of this last document.

Nevertheless, the technological development has shown that the electronic marine bill of lading is very effective in implementing the maritime transport contract for goods, this document is a necessity in the field of maritime transport of goods.

It plays the same role as the paper marine bill of lading, as a document that the carrier-or his legal representativesends electronically to the shipper to indicate that the he has received the goods and actually shipped them on board the ship.

It has also become a document of ownership of the goods that can be traded electronically.

It has become a means of proving the contract of maritime carriage of goods, after accepting writing in electronic form as evidence of proof, and recognizing the electronic signature of the validity of documents.