중국 해상법상 송하인(托運人)의 법적 지위에 관한 검토 - FOB 매매조건을 중심으로 -

Abstract

In China, many arguments have been held upon the concept of shipper, defined in China Maritime Code (CMC). The reason is that there are two types of shippers according to the definition of a shipper, one is which contracts with a carrier referred to as "contract shipper" in this article, the other is which actually delivers the cargoes to a carrier referred to as "actual shipper" in this article; however, the other provisions about the shipper's rights and obligations cannot distinguish these two types of shippers. This matter appears in the FOB contract. The suggestion mostly proposed by many experts for amending the above-mentioned matter of shippers is that it must be indicated each provision of the shipper's rights and obligations is applied to the corresponding shipper. In this paper, we analyzed the reasonability of this suggestion and proposed our opinions. In my opinion, the person who actually delivers the cargo to a carrier has the rights to demand the carrier issuing himself the bill of lading and the other provisions for the shipper only are applied to the person who contract with the carrier. In the other words, the contract shipper should be removed from the definition of the shipper and the other remains. On the basis of the above, the rights, obligations and liabilities of the amended shippers are expounded in detail.