해상운송에 있어서 운송증서상의 수하인의 권리

Abstract

The bill of lading traditionally spoken of as a document of title and its ability to be transferred gives it particular advantages when used as part of an international sale of goods contract. The bill may be useful for a consignee and a valid holder of the bill to obtain constructive possession of the goods or to require the carrier to deliver the goods to it at the port of destination. Furthermore, under the law forcing exchange-ability for goods, even a contractual buyer is unable to claim delivery of goods from a carrier without presenting or exchanging an original bill of lading, Likewise the carrier is also unable to release the goods carried without original bill of lading. The main concern of this paper is particularly with the role of the bill of lading in the contract of carriage between the carrier and original shipper or the subsequent transferee in good faith. Meanwhile, when sea waybill is used, the person who requests delivery of the goods should prove that he is the named consignee and the carrier may deliver the goods to him without exchanging the sea waybill. Since sea waybill is not negotiable by endorsement and the parties concerned are limited to carrier, shipper and consignee, it operates just as a receipt for goods received for shipment and evidences the contract of carriage. Except when the shipper has exercised his right to dispose of the goods, the consignee is entitled, on request of the delivery of the goods at the place of destination, to require the carrier to give notice to him as soon as the goods arrive, deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the sea waybill. Because the right of the consignee shall have the preference to that of the shipper, when the consignee requests the delivery of the goods after it arrives at the destination(Article 140 (2) of the Commercial Act). The purpose of this paper is to scrutinize and analyze the rules on the negotiable nature of the bill of lading in relation to the sea waybill in the contract of carriage by sea in order to observe their interrelation and any influence on each other.