Glossary entry

Spanish term or phrase:

escritura de flete

English translation:

charter-party / contract of affreightment

Added to glossary by Charles Davis
Oct 7, 2012 21:23
12 yrs ago
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Spanish term

escritura de flete

Spanish to English Social Sciences History
Re shipments of merchandise from England to Spain.

18th Century
References
I hope these are helpful
Change log

Nov 6, 2012 13:53: Charles Davis Created KOG entry

Discussion

Jenni Lukac (X) Oct 7, 2012:
It's the last line of the description in Spanish I provided that gave me pause. Here's another site that may help. If the description I found is correct, it seems that a contract goes beyond the contents of a waybill/bill of lading. The Spanish word escritura probably just indicates that the document was notarized.
lexisproject (asker) Oct 7, 2012:
More info here about bill of lading/ contract of carriage (Art. 1(b)): http://www.jus.uio.no/lm/sea.carriage.hague.visby.rules.1968...
Jenni Lukac (X) Oct 7, 2012:
This is a very specific topic, but if it were my call, I'd probably add "sea," "ocean," or "marine" to Martyng's "bill of lading. You might want to keep the question open until tomorrow in the hope that someone expert in this field will chime in.
lexisproject (asker) Oct 7, 2012:
*Jenni*, apologies..
lexisproject (asker) Oct 7, 2012:
Thank you both. The "flete" or freight in this case refers specifically to the charge to transport the goods, not the goods themselves. Would a "bill of lading" also be appropriate for that context? Martyng's example says something about "the type, quantity and destination of the good being carried". Same here: http://www.nysl.nysed.gov/mssc/vrm/bill_of_lading.htm. Could "contract of carriage" work? (As in Jenny's reference).

Proposed translations

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Selected

charter-party / contract of affreightment

It is one or the other of these. It's really impossible to tell which it should be without seeing the details of particular cases, but on balance I think "charter-party" is probably the better term to use. This is mainly because it is the more inclusive term: a contract of affreightment is really one kind of charter-party.

An "escritura" is a notarial instrument: a legal document imposing some obligation on somebody, executed before a notary (still known in eighteenth-century Castile as an "escribano"). Not all "escrituras" are contracts, but an "escritura de flete" certainly is: it is a contract between a charterer and a ship-owner for the use of the latter's ship to carry goods belonging to the former. It is also known as an "escritura" (or "carta") "de afletamento/afletamiento": it's the same thing.

The equivalent historical instruments in English are the charter-party and the contract of affreightment. The difference between them is slight; it is basically that the former involves hiring the ship (for a period or a particular voyage) whereas the latter is a carriage contract for goods. However, it can amount to the same thing, because a charter-party can be and often is the hire of a ship complete with crew supplied by the owner, so really what is being hired is cargo space, carriage. So a contract of affreightment is one kind of charter-party. And "affreightment" means chartering: "The act of hiring, or the contract for the use of, a vessel, or some part of it, to convey cargo" (Webster)
http://www.websters-dictionary-online.org/definitions/AFFREI...

The modalities of "escrituras de flete" are examined here:
http://dialnet.unirioja.es/descarga/articulo/2042722.pdf
http://www.cronistadebetanzos.com/wp-content/uploads/2005/12...

And here is a work on historical maritime law of 1841, with numerous references to contracts of affreightment, a term treated in some places as a synonym of charter-party:
http://books.google.es/books?id=3CE1AAAAIAAJ&pg=PA92&lpg=PA9...

Further details of the precise nature of each can be found here:
http://en.wikipedia.org/wiki/Charter-party
http://en.wikipedia.org/wiki/Affreightment

In several historical sources we find "escritura de flete" treated as a synonym of "alquiler de nave", as for instance here:
http://books.google.es/books?id=rQkZSUnA4XgC&pg=PA35&lpg=PA3...

On the other hand, most "escrituras de flete/afletamiento" are contracts to carry goods by sea, so in many cases they are contracts of affreightment. Really either term might be used, I think.
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12 mins

Bill of lading

Hard to be sure without more context
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Reference comments

20 mins
Reference:

I hope these are helpful

Although "bills of lading" were in general use by the 16th century, these bills were merely an appendage of the charter party and contract of carriage until the mid- to latter part of the 18th century. See Kozolchyk, Evolution and Present State Of The Ocean Bill of Lading From a Banking Law Perspective, § 3, 3.2, The Sea Waybill and the Straight Bill of Lading, 23 J. Mar. L. & Com. 215 (Apr. 1992).

At that point, however, the ocean bill of lading was finally recognized as document of title and negotiable instrument. The recognition of the bill of lading as a negotiable document enabled sellers to ensure collection of the purchase price from the buyer by sending the original bill lading to a bank in or near the destination for collection of the purchase price. Upon payment of the purchase price, the bank would endorse the original bill of lading and provide it to the buyer, who could then present the bill to the carrier to collect his goods. See BII Finance Co. v. U-States Forwarding Servs. Corp., 95 Cal. App. 4th 111, 118-119, 115 Cal. Rptr. 2d 312, 317 (2d Dist. 2002)... The use of terminology with respect to ocean bills of lading confusing. Depending upon the country, law, treaty, or context, a negotiable ocean bill of lading can be referred to as an "Ocean Bill of Lading," a "Marine Bill of Lading," or an "Order Bill of Lading." Non-negotiable ocean bills of lading are sometimes referred to as a "Sea Waybills," and sometimes as a "straight" ocean bills of lading. http://www.johnmdaley.com/ocean-bills-of-lading.html
1388, octubre 15. Valencia.
Escritura de flete de diversas mercancias desde el puerto de Valencia con destino a Flandes.
ARV, Protocolos, 2797, f. 150v.
La expansión del comercio internacional durante la baja edad media estuvo acompañado de un desarrollo de las técnicas comerciales (en los fletes, en los contratos asociativos entre mercaderes y compañías comerciales, en las finanzas y en la banca, la aparición de las letras de cambio, de los seguros marítimos, de las lonjas de mercaderes). Este documento recoge un reconocimiento de flete, mediante el cual Martí Dezllor, mercader de Mallorca, fleta la nave llamada Santa María de la Coruña, patroneada por Joan Pérez, de La Coruña, para navegar desde el puerto de Valencia a Flandes. Acepta un cargamento de Joan Suau y Nicolau Pujades, mercaderes de Valencia, constituido por diversas cantidades de jabón, comino, azafrán, almendras y arroz, embaladas en cajas, costales y balas. Cada mercancía va marcada con una señal diferente, cuyo dibujo se reproduce en la escritua notarial. Esta marca comercial permitía, en caso de naufragio, pérdida o robo, identificar la mercancía y poder ser reclamada y recuperada por su propietario legítimo. http://dglab.cult.gva.es/ArxiuRegne/I_Diversos2.htm
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