Digitalna transformacija papirne nakladnice v luči pravnega pluralizma

slovenian

2026

volume 52, issue 3/4

bill of lading   contractual autonomy   digital transformation of maritime transport   electronic bill of lading (eBL)   exclusive control   legal pluralism   legal validity of electronic documents   platform interoperability

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

This article examines the legal challenges arising from the digital transformation of the bill of lading as a core instrument of maritime transport. It is based on the premise that the transition to electronic bills of lading (eBL) does not merely replace paper documents with digital records, but requires a redefinition of fundamental legal concepts, particularly possession and transferability of rights. The analysis focuses on three central issues: the legal nature of dematerialised bills of lading, the limits of contractual autonomy of private platforms, and the problem of interoperability between digital systems. It combines doctrinal, comparative and theoretical methods, drawing on international frameworks and contemporary theories of legal pluralism. Particular attention is given to the UNCITRAL Model Law on Electronic Transferable Records (MLETR), which introduces the concept of exclusive control as a functional equivalent to possession. The findings demonstrate that while technological solutions for eBL are already available, their legal effectiveness depends on the normative recognition of a mechanism of exclusive control as a functional equivalent of possession. MLETR provides an operational model for translating traditional property law concepts into the digital environment; however, its implementation across jurisdictions remains uneven. The article argues that the legal validity of eBL can only be ensured through the recognition of exclusive control as a basis for entitlement, together with clearly defined limits of contractual autonomy and the establishment of interoperable standards. It therefore advocates a hybrid regulatory approach combining private platform governance with public legal safeguards, and outlines directions for adapting the Slovenian legal framework towards the normative recognition of functional equivalence of electronic transferable records and paper bills of lading.

12.10.2026