해상물건운송에서의 부지약관의 유효성 -대법원 2001. 2. 9. 선고 98다49074 판결-
A Legal Effect on Marine Load Carriers' Unknown Clause
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This Paper mostly deals with unknown clause among marine trade carrier's exception clause. now it is required to control both transporters and shippers rationally. Therefore this paper is to look into the problem in the course of using unknown clause and show the rational clause. This Paper presents the practical standard for the operation of unknown clause through the efficiency of one of exception clause, unknown clause the matter of admitting only when the conveyor neglects his duties, in case conveyor includes unknown clause, and the problem of unknown clause with the relationship of other things. in particular, nowadays one of the problem of the unknown clause is that due to the appearance of container. dispatcher loads the contents of transport directly in the container, undertaker concerned container to marine transport. This contents arranged liability contents of marine goods transport on Hague Rule, Hague-Visby Rule, Hamburg Rules on the current basis.
Abstract
This Paper mostly deals with unknown clause among marine trade carrier's exception clause. now it is required to control both transporters and shippers rationally. Therefore this paper is to look into the problem in the course of using unknown clause and show the rational clause. This Paper presents the practical standard for the operation of unknown clause through the efficiency of one of exception clause, unknown clause the matter of admitting only when the conveyor neglects his duties, in case conveyor includes unknown clause, and the problem of unknown clause with the relationship of other things. in particular, nowadays one of the problem of the unknown clause is that due to the appearance of container. dispatcher loads the contents of transport directly in the container, undertaker concerned container to marine transport. This contents arranged liability contents of marine goods transport on Hague Rule, Hague-Visby Rule, Hamburg Rules on the current basis.
참고문헌 (10)
- 김 현, "해상운송상의 면책약관에 관한 연구", 박사, 법학과, pp.1983
- 서정갑, "운송인의 손해배상책임", 월간고시 (1976)
- 유중원, "선하증권의 부지약관에 관한 고찰", 법학논총, 20(2) (2008), 국민대학교 법학연구소
- 장상균, "해상운송인의 포장당 책임제한", 한국해법회지, 26(2) (2004)
- 조영철, "선하증권의 부지약관과 부지문언의 유효성에 대한 연구", 한국해법회지, 25(2) (2003)
- 최종현, "선하증권상의 부지약관의 효력", 한국해법회지, 24(1) (2002)
- 藤代 和雄, "貿易運送の實務" (1985), 同文館
- 新堀聰, "コンテナ貨物における船荷證券の不知約款ㆍ文言と運送人의の責任", 海事法硏究會誌 (1997)
- R.Colinvaux, "Caver's carriage of goods by sea" (1982), Steven & Son
- S.C.Boyd, "Scrutton on Charterparties and Bills of Lading" (1996), Sweet & Maxwell