개정 상법상의 해상화물운송장에 관한 법적 쟁점

Abstract

There exist problems according to the performance of a contract in international trade. As matters now stand, Sea Waybill is on trial as a new substitute for it on account of the crisis of B/L. Yet Sea Waybill, not being a document of title, has also exposed a new problem in practical use although it has greatly contributed to the swiftness of transportation documents. The CMI proposed in 1990 its Uniform Rules for Sea Waybills. These Uniform are not in the form of a Convention and, to be applicable, would have to be incorporated into many of the modern waybills. The Uniform Rules deal with issues such an agency, rights and responsibilities of the carrier, the respective rights of control over the goods and their delivery as between shipper and consignee. The paper accepted main ideas of the Uniform Rules of CMI to make proposal of the Sea Waybill. Although the CMI has formulated unified rules governing Sea Waybill to replace the existing B/L, its lack of negotiability could cause troubles when selling and buying it. The discussion is based on CMI unified rules. Besides problems of putting them to practical use and possible solutions are discussed. Therefore a possible solution is to use, Sea Waybill instead of B/L, as documentation which the consignee does not need to present to obtain delivery of the goods. Sea Waybill is such a document, because it is not, unlike the B/L, a negotiable document, and delivery is made to named consignee. So this paper researches the characteristics of Sea Waybill and suggest legal solutions. It shows the character of Sea Waybill and compares Sea Waybill and B/L. It also reviews the Lawful situations of other countries and compares the Uniform Rules of CMI and the commercial law in Korea. It discusses the problems in using Sea Waybill on the international trade and investigates the solutions of those problems.