Bills of lading and the logic of possession

Journal article

The holder of a bill of lading is, according to orthodoxy, protected from third-party interference with the goods because they are in possession or in constructive possession of the goods. This article challenges that view. It argues that the bill holder is not in possession of the goods, such possession being inconsistent with the carrier’s. It also argues that the bill holder is not in constructive possession of the goods. The custom of merchants, the carrier holding the goods to the bill-holder’s order, and any personal right of the bill holder do not justify protecting the bill holder against third parties.

Authors: Atmaz Al-Sibaie, S

• Publication status: Accepted
• Peer review status: Peer reviewed
• Publisher: Informa Business Intelligence
• Journal: Lloyd's Maritime and Commercial Law Quarterly
• Acceptance date: 2025-07-02
• ISSN: 0306-2945
• Language: English