로테르담 규칙 제36조의 계약명세에 관한 연구

Abstract

The Hague and Hague-Visby Rules have very limited prescriptions as to what to be stated in the bill of lading and it have arises problems. However, the Rotterdam Rules contains in Article 36 much detailed provisions to be mentioned in the “contract particulars” which is defined in Article 1.23 as “any information relating to the contract of carriage or the goods(including terms, notations, signatures and endorsement) that is in a transport document or an electronic transport record. And transport document under the Rotterdam Rules means that a document issued by carrier under a contract of carriage, by which it evidences the carrier's receipt of goods and contract of carriage and it enable a holder of the negotiable transport document to sell the goods in transit by endorsement on the transport document and delivery to a third party. The contract particulars referred in the transport document or statements in bill of lading confer important rights on the party to the contract of carriage and third party who pay for the bill of lading in reliance on the contract particulars or bill of lading, although one or more absence or inaccuracy of the contract particulars in the transport document does not be affected unless those defects make the legal character or validity of transport document. Article 853 of Korean Commercial Code deals with those statements to be stated on the bill of lading as one of negotiable instruments, initially accepted by law, not a document of title or quasi negotiable instrument which is capable of being transferred by delivery or endorsement but the transferor of the document cannot give a better title to holder that he himself had, but the details to be mentioned on the bill of lading is quite similar to those details of Article 36 of the Rotterdam Rules because both are based on Article 15 of the Hamburg Rules. Under the circumstance, this paper is prepared to compare the contract particulars referred in Article 36 of the Rotterdam Rules with statements on a bill of lading under Article 853 of Korean Commercial Code and to present some idea for finding a developmental direction of Korean Commercial Code.