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Sea Transport Documents Act, 2000 (Act No. 65 of 2000)

4. Transfer of rights and obligations

 

 

(1) The holder of a sea transport document
(a) is subject to the same obligations and entitled to the same rights against the person by whom or on whose behalf the document was issued or who is responsible for the performance of the contract of carriage evidenced by or contained in the document as if the holder were a party to a contract with that person on the terms of the document; and
(b) must be regarded as the cessionary of all rights of action for loss of or damage to the goods referred to in the document, whether arising from contract or the ownership of the goods or otherwise.

 

(2) A holder who has transferred a sea transport document must be regarded as having ceded his, her or its rights and as having delegated his, her or its obligations to the new holder except in so far as those rights or obligations arise from a delectus personae relating to the holder.

 


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