스위치선하증권의 법적 성질과 효력에 관한 연구

Abstract

The switch B/L is a substitute of bill of lading that may be issued by the carrier(or agent) in exchange for the original bill of lading to change the original terms of carriage contract. Goods can be resold and the discharge port can be changed to different port and sometimes the seller doesn’t wish the name of provider or the actual origin of the cargo to be known to the buyer. In that case, the holder of the original B/L like seller or consignee would often ask the carrier to issue switch B/L in exchange for the original B/L. The carrier should issue the switch B/L after collecting the original B/L of same cargo and the switch B/L needs to satisfy the requirements provided in relevant regulations to be effective. In some practical cases where the person who is not the carrier issues switch B/L after receiving the original. And sometimes the carrier issues the switch B/L without receiving the original B/L. In that case, the switch B/L issued by the perdon other that the carrier or without receiving the original B/L doesn’t have effect. Because such rules that carrier issue B/L and there be only one B/L on same cargo is mandatory. As switch B/L can be compared with house B/L which is issued by the person who is not actual carrier, there can be misunderstanding that a switch B/L could be issued by any person other than the original carrier. In spite that there are some similarities between switch B/L and house B/L in some points like the issuer other than actual carrier and the existence of 2 sets of B/L, it is evident that the house B/L should be issued by the contract carrier who is the legitimate issuer of B/L. The switch B/L which was issued by third party other than the carrier can not be effective as that B/L doesn’t satisfy the mandatory requirement of Commercial Law that only the carrier or the agent of carrier can issue B/L.