貨物相換證의 債權的 效力에서 文言證券性의 意味와 解釋 - 상법 제131조 화물상환증 기재의 효력을 중심으로 -

Abstract

The consignment sheet is the securities that is representative of a claim for delivery of the freight. If the consignment sheet is delivered to a holder in due course of the consignment sheet, it happens that come into force the same effect as freight's delivery about the acquisition of the right on the freight. This provision in commercial code § 133 is effective and directed. In the past, as regards the bond's validity on the consignment sheet the bill of stipulations & the bill of factors are reconciled, but in 2000 commercial code § 131 is amended to keep back from the confusion of an interpretation between the bill of stipulations & the bill of factors. If the consignment sheet is drawn, it is presumed that the transportation contract is worked out according to the description of the consignment sheet and a transporter take the freight in the consignment sheet(§ 131 ①). Though the presumption about the description of the consignment sheet is reversed, it is deemed that a transporter take the freight in the consignment sheet against the bona fide person and answer for freight's delivery in the consignment sheet(§ 131 ②). According to the amendment of commercial code § 131, a confrontation between the bill of stipulations & the bill of factors is settled on the basis of the bill of stipulations. The main theme of this paper is what are the meaning and construction of a nature in the bill of stipulations at the bond's validity on the consignment sheet in connection with the amendment of commercial code § 131.