해상화물운송장의 입법방안에 관한 고찰

Abstract

This article deals with the enactment proposal of sea waybill. The paper explains and explores the use of bill of lading and sea waybill. In a variety of trades there is no need for a negotiable bill of lading where goods are being sold to a consignee who does not wish to resell the goods, or where in-house transfers take place within large multinational companies. Further, delays are often caused by bills of lading being unavailable in the port of discharge. Carriers have responded to the problems caused by the bill of lading by issuing sea waybills. Firstly, the paper deals with general description and kinds of the sea waybill and enactment examples of several bodies including GCBS Common Short Form Sea Waybill, Non-negotiable FIATA multimodal transport waybill and CMI Uniform Rules for Sea Waybill. The CMI produced in 1990 its Uniform Rules for Sea Waybills. These Uniform Rules 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. Secondly, the paper suggest enactment proposal of Sea Waybill as follows. 1. Definitions of Sea Waybill( article 820-2) 2. Issue of Sea Waybill( article 820-3) 3. Description of the Goods on Sea Waybill(article 820-4) 4. Regal effects of description of the Goods(article 820-5) 5. Delivery of the Goods(article 820-6) 6. Right of Control(article 820-7) 7. Other Issues Finally, the paper suggests that it need to be enact the provision of Sea waybill in Part Ⅴ( Maritime Law) of Commercial Act.