定期傭船契約에서 船主 및 傭船者의 제3자에 대한 책임문제에 관한 약간의 고찰
Responsibilities of Owner and Charterer to Third Parties under Time Charter
林東喆
초록
The placing of responsibilities to third party, inter alia, for cargo damage is an area of continuing controversy. This article although examines foregoing subject by way of analyzing the terms of New York Produce Exchange Form(NYPE 93) of time charter and referring to some Anglo-American decisions. It deals with the main functions and division of liabilities of owner and charterer under the NYPE 93 in the second chapter and then considers the legal issues of signing bills of lading as well as the cargo damage during the cargo handling operation to identify the party liable. In the fourth chapter, the topic of charterer's responsibility to third party is dealt with and author in conclusion recomend that it is better to add some new provisions with respect to the duties and/or liabilities of owner and charterer respectively rather than to stipulate another provisions for charterer's responsibility to third parity in Korea Commercial Code.