A Comparative Study on Contractual and Negotiable Nature of the Bill of Lading under English Law and American Law
1
조회
0
다운로드
1
인용
0
참고문헌
키워드
초록
This article attempts to describe and analyze the rules on the role of the bill of lading in the contract of carriage under English law and American law in a comparative way. It also scrutinizes the negotiable nature of the bill of lading in relation to its contractual role in each jurisdiction in order to observe their interrelation and any influence on each other. In addition, it tries to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate them in light of the discipline of comparative law. It maintains the view that, like the position in American law, the bill of lading should be treated as the contract of carriage itself even between the carrier and the shipper. This view may be consistent with the proposition that the bill of lading is given its full negotiability because the bill with full negotiability means to be classified as one of formal contracts like the bill of exchange. It also argues that the position in American law which gives the transferee a better title than the transferor had is better in terms of marketability of the bill of lading.
Abstract
This article attempts to describe and analyze the rules on the role of the bill of lading in the contract of carriage under English law and American law in a comparative way. It also scrutinizes the negotiable nature of the bill of lading in relation to its contractual role in each jurisdiction in order to observe their interrelation and any influence on each other. In addition, it tries to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate them in light of the discipline of comparative law. It maintains the view that, like the position in American law, the bill of lading should be treated as the contract of carriage itself even between the carrier and the shipper. This view may be consistent with the proposition that the bill of lading is given its full negotiability because the bill with full negotiability means to be classified as one of formal contracts like the bill of exchange. It also argues that the position in American law which gives the transferee a better title than the transferor had is better in terms of marketability of the bill of lading.
참고문헌 (23)
- "The Early History of Bills of Lading", ge(a) (1925)
- "The Bill of Lading: A Document of Title to Goods An Anglo-American Comparison" (1997), London: LLP
- "Commercial Law, 3rd ed" (2000), London: Butterworths
- "The Bill of Lading as the Contract of Carriage - A Reassessment of Leduc v. Ward", pp.45~ (1982)
- "The Sale of Goods Carried by Sea, 2nd ed" (1998), London: Butterworths
- "Bills of Lading: Law and Contracts" (2000), London: LLP
- "The Law of Admiralty" (1975), Foundation Press
- "The Commercial Doctrine of Good Faith Purchase" (1954)
- "Commercial Law, 2nd ed" (1995), London: Penguin
- "Benjamin’s Sale of Goods, 5th ed" (1997), London: Sweet & Maxwell
- "The Carriage of Goods Carried by Sea Act 1992" (1993)
- "The Bill of Lading Functioning as the Contract of Carriage in English Law", 10(2), pp.169~ (2006)
- "Scrutton on Charterparties and Bills of Lading" (1984), Sweet & maxwell
- "Shipping Documentation for the Carriage of Goods and Hamburg Rules" (1978)
- "Poor on Charterparties and Ocean Bills of Lading" (1968)
- "Restatement of the Law of Contracts" (1981), American Law Institute Publishers
- "The Carriage of Goods by Sea Act 1992", pp.~436 (1993)
- "Transferable and Negotiable Documents of Title", pp.~538 (1991)
- "The Electronic Presentation and Transfer of Shipping Documents" (1985), Financial World Publishing
- "Carriage of Goods by Sea, 5th ed" (2004), Harlow: Pearson
- "Negotiable Bills of Lading and their Contractual Role under Greek, United States and English Law", 40(2), pp.5~ (1998)
- "Comparative Analysis of the Contractual Role of Bills of Lading under Greek, United States and English Law", 42(1), pp.1~ (2000)
- "The Contractual Role of Documents Issued under the CMI Draft Instrument on Transport Law 2001", 35, pp.99~ (2004)