무유보선하증권에 있어서 외관양호표시에 관한 연구

Abstract

The Clean Bill of Lading is the bill of lading issued without reservation with the unknown clause when there is the request of a consigner. And also, it is the bill of lading issued without the clues and reserved items, which indicates that there are problems on the wrapping state and quantities of carried goods in the Remark section of the bill of lading, by a marine carrier. Therefore, even though there is a reservation clause or an exceptional clause in the mate's receipt issued before, it is regarded that the carrier has received the carried goods of good order and condition on the departure. On this bill of lading, it is marked like “shipped on board in apparent good order and condition". Hague-Visby Rules 3.3(a), (b), and (c) prescribe the items especially to be on the bill of lading, such as the carrier, a captain or the agent of the carrier should issue the bill of lading with the request of the consigner after he or she receives the goods. Of the written items, the items to be dealt with on this study, it is the apparent order and condition of the goods approved from the outside. On these days in U.S.A, in relation to Clean B/L Phrases, the availability of Rust Clause or Retla Rust Clause and Lumber Clause, Wood Clause has become an issue. Hereinafter, the meaning and effect of Clean B/L Phrases shall be considered with concrete cases under the rule.