Elektroniska konossement i Sverige. Elektroniska registreringar och reglerna för konossement.

Abstract

While this summary is written in English, the paper published is written in Swedish.

The paper concerns itself with the legal status of electronic transport records in a Swedish context. The main question asked is whether rules for bills of lading should be applied to electronic transport records, or if they should be treated according to general rules. A secondary question is asked; partially to help put the main question into context and partially to see whether the different legal regimes will lead to different solutions to an issue. This second question is if electronic transport records can effect the transfer of property (sv. sakrätt). In my attempt to answer these questions I review different sources of law, in a broad sense of the expression. I also attempt to discern in what aspects there is a functional difference between traditional paper bills of lading and electronic transport records.

My conclusion is that electronic transport records should not be treated according to the rules on bills of lading. The reasons for this are several, and originate both from the difference in function as well as how legislation on similar issues has previously been created in Sweden. However, it appears that applying general rules will largely lead to the same results, through a different legal path. This at least appears to be the case when it comes to transfer of property under the currently used systems for electronic transport records, one of the main areas where mandatory rules may clash with the terms of the contracts.