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Book 4 · Commercial transactions  ›  Division 4 · Freight business › Section 440

Carrier's lien

(1) The carrier is entitled to a lien, for all claims arising from the contract of carriage, on the goods handed over to the carrier for carriage that belong to the sender or to a third party who has consented to the carriage of the goods. The carrier will also have a lien on the goods of the sender for all uncontested claims arising from other carriage, sea carriage, forwarding or warehousing contracts concluded with the sender. The lien according to sentences 1 and 2 extends to the accompanying documents.

(2) The lien persists as long as the carrier has possession of the goods, in particular as long as the carrier has the right of disposal over them by means of a bill of lading, consignment bill or warehouse warrant.

(3) The lien will also persist after delivery if the carrier asserts it by legal action within three days after delivery and the goods are still in the possession of the consignee.

(4) The warning regarding the impending sale of a pledged item as required by section 1234 (1) of the Civil Code and the notifications provided for by sections 1237 and 1241 of the Civil Code are to be addressed to the consignee who is entitled to dispose over it to pursuant to sections 418 or 446. If the consignee cannot be traced, or if the consignee refuses to accept delivery of the goods, the warning and notification are to be addressed to the sender.

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