Thursday, January 12, 2012

Special Commercial Law, Part II - Warehouse Receipts Law


II. Warehouse Receipts Law (Act No. 2137)

A. Nature and functions of a warehouse receipt

·       Definition and nature of Warehouse Receipts
·       Purpose of the Law
·       Who may issue Warehouse Receipts
·       Form and content of Warehouse Receipts
·       Effect of omission of any of the essential terms
·       Terms that cannot be included

1. To whom delivered

2. Kinds

3. Distinctions between a negotiable instrument and a negotiable warehouse receipt

4. Rights of a holder of a negotiable warehouse receipt as against a transferee of a nonnegotiable warehouse receipt

B. Duties of a warehouseman

·       Who is a warehouseman
·       Principal obligations of a warehouseman
·       Lawful excuses to deliver goods
·       In case of misdelivery
·       Altered receipts
·       Liability of warehouseman

C. Warehouseman’s lien

·       Extent
·       Loss and waiver of lien
·       Enforcement

Other topics:

D.  Negotiation and transfer of receipts
E.  Criminal offenses

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