Commercial Code

The provisions of Articles 738 through 742 (excluding Article 739, paragraph (2)), Article 744, Article 746 and Article 747 apply mutatis mutandis to a voyage charter contract. In this case, the phrase "the following amounts" in Article 741, paragraph (1) is deemed to be replaced with "the following amounts and demurrage", the phrase "the preceding Article" in Article 744 is deemed to be replaced with "Article 753, paragraph (1) or the preceding Article as applied mutatis mutandis pursuant to Article 755", and the phrase "this Section" in Article 747 is deemed to be replaced with "the following Section".

A carrier may not assert against the holder of a bill of lading any special agreement under which a carrier is subject to a release from or reduction in the liability to compensate for loss or damage under the provisions of Article 739, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph.

At the request of a shipper or charterer, a carrier or master, without delay after the loading of goods, must issue one or more copies of a bill of lading stating that the goods have been loaded (hereinafter referred to as a "bill of lading for loaded goods" in this Section). Even before the loading of goods, at the request of a shipper or charterer, a carrier or master, after receiving the goods, must issue one or more copies of bill of lading stating that the goods have been received (hereinafter referred to as a "bill of lading for goods received" in this Section).

If bills of lading for goods received have been issued, a shipper or charterer may not demand to be issued a bill of lading for loaded goods other than in exchange for all copies of the bill of lading for goods received.

The provisions of the preceding two paragraphs do not apply if a sea waybill has been issued for the goods.

A bill of lading must contain the following information (excluding, for a bill of lading for goods received, the information set forth in items (vii) and (viii)), and bear the signature or the name and seal of the carrier or master:

the type of goods;

the volume or weight of the goods or the number of packages or items, and the marks of the goods;

how the goods appear from the outside;

the name of the shipper or charterer;

the name of the consignee;

the name of the carrier;

the name of the ship;

the port and date of loading;

the port of discharge;

the freight charges;

the number of copies of the bill of lading there are, if more than one has been prepared; and

the place and date of its preparation.

If a request is made to issue a bill of lading for loaded goods in exchange for a bill of lading for goods received, a carrier or master, in lieu of preparing a bill of lading for loaded goods, may enter an indication in the bill of lading for goods received that goods have been loaded, and affix their signature or name and seal to it. In this case, the information set forth in items (vii) and (viii) of the preceding paragraph must be entered in the bill of lading for goods received.

If the shipper or charterer has notified the relevant person of the information set forth in paragraph (1), items (i) and (ii) of the preceding Article in writing or by electronic or magnetic means, that information must be entered in the bill of lading according to that notice.

The provisions of the preceding paragraph do not apply if there are reasonable grounds to believe that the notice referred to in that paragraph is incorrect, or if there is no appropriate way to confirm the correctness of the notice. The same applies if the marks of the goods have not been made on the goods or their containers or packages in a way that will keep them legible up until the end of the voyage.

A shipper or charterer is liable to compensate the carrier for loss or damage arising from the incorrectness of the notice referred to in paragraph (1).

A carrier may not assert the falsity of the information entered in a bill of lading against a holder in good faith.

If a bill of lading has been prepared, its holder must use it to dispose of the goods.

Even if a bill of lading is issued to a named person, it may be negotiated or pledged by means of indorsement; provided, however, that this does not apply if the bill of lading indicates that its indorsement is prohibited.

If a bill of lading is delivered to a person who is entitled to use it to collect the goods, its delivery has the same effect as the delivery of the goods as it concerns the acquisition of rights that are exercised in connection with the goods.

If a bill of lading has been prepared, a person may not demand the delivery of goods other than in exchange for the bill of lading.

At the port of discharge, the carrier may not refuse to deliver goods even if the holder of only one of multiple copies of the bill of lading demands delivery.

Outside the port of discharge, a carrier may not deliver goods unless all copies of the bill of lading are returned to the carrier.

If two or more persons hold copies of a bill of lading and one of the holders is delivered the goods by the carrier before any other holder, the other holders' copies of the bill of lading cease to be valid.

If two or more persons holding copies of bills of lading demand the delivery of goods, the carrier may deposit the goods with an official depository. The same applies to the part of the goods that remains if the carrier delivers part of the goods pursuant to the provisions of Article 765, paragraph (1) to one of the holders and then another holder demands delivery of the goods.

Once a carrier deposits goods with an official depository pursuant to the provisions of the preceding paragraph, the carrier must issue notice of this to each holder who has demanded the delivery of the goods without delay.

In the case prescribed in paragraph (1), the holder of the copy of the bill of lading that was sent or delivered first takes precedence over any other holder.

To apply the provisions of Chapter VIII, Section 2 of the preceding Part to a case in which a bill of lading has been prepared, the term "shipper" in Article 580 is deemed to be replaced with "holder of a bill of lading" and the provisions of Article 581, Article 582, paragraph (2), and the proviso to Article 587 do not apply.

If a carrier or master undertakes land transportation and marine transportation under a single contract, they must, at the request of a shipper and without delay after the loading of goods, issue one or more copies of a multimodal transport bill of lading stating that goods have been loaded. Even before the loading of goods, at the request of a shipper, the carrier or master must, after receiving the goods, issue one or more copies of a multimodal transport bill of lading stating that the goods have been received.

The provisions of Article 757, paragraph (2), and Article 758 through the preceding Article apply mutatis mutandis to a multimodal transport bill of lading. In this case, the phrase "(excluding...)" in Article 758, paragraph (1) is deemed to be replaced with "(excluding...), as well as the place of shipment and the destination".

At the request of a shipper or charterer, a carrier or master, without delay after the loading of goods, must issue one or more copies of a sea waybill stating that goods have been loaded. Even before the loading of goods, at the request of a shipper or charterer, the carrier or master, after receiving the goods, must issue one or more copies of a sea waybill stating that the goods have been received.

A sea waybill must contain the following information:

the information set forth in the items of Article 758, paragraph (1) (excluding item (xi)) (excluding, in the case of a sea waybill stating that goods have been received, the information set forth in items (vii) and (viii) of that paragraph); and

the number of copies of the sea waybill there are, if more than one has been prepared.

In lieu of issuing a sea waybill, a carrier or master as referred to in paragraph (1) may provide the shipper or charterer with the information that is required to be contained in a sea waybill by electronic or magnetic means, with the shipper's or charterer's consent and pursuant to the provisions of Ministry of Justice Order. In such a case, the carrier or master is deemed to have issued a sea waybill.

The provisions of the preceding three paragraphs do not apply if a bill of lading has been issued for the goods.