국제물품매매협약(CISG)에서 운송법적 쟁점에 대한 검토

Abstract

The United Nations Convention on Contracts for the International Sale of Goods (“Convention”) includes several legal issues on the transport law. This paper is focus on the scope of the issues as the meaning of ship and the issues for the various documents on the Convention among other transport law issues. The scope of the issues is regarding the exclusion on the sale of the ship or aircraft. The issues is whether or not non-registration vessels is ruled out on the Convention. Considering the terms and legislative history of the Convention, it appears that the Convention does not apply to sales of ship, vessel or aircraft regardless of registration. In addition, there are some error in Korean translations and thus it would be needed to improve. The Convention provides for a variety of documents; documents relating to the goods, shipping documents, documents controlling their disposition, documents embodying the contract of carriage and a document which entitles him to obtain the goods. Since the Convention contains no definition of documents, there is plenty of scope for scholarly disagreement. ‘Documents controlling the disposition of the goods’ of Article 58 on the Convention should be the most narrow sense, as opposed to ‘documents relating to the goods’ such as Article 30 and 34 is interpreted as the broadest sense. With regard to the scope of Article 58 of the documents, it appears that ‘documents controlling the disposition of the goods’means the negotiable documents, and thus negotiable bill of lading would be included the above documents. However, considering the practice of carriage, there is a need to amend the Convention that various transport documents (e.g., sea waybill, consignment note and air waybill) should be contained the scope of Article 58 on the Convention.