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KCI 등재
운송물처분권에 관한 법적 쟁점
Legal Issues on the Right of Control of Cargo in International Transactions
양석완 ( Seok Wan Yang )
UCI I410-ECN-0102-2012-360-000883047
* 발행 기관의 요청으로 구매가 불가능한 자료입니다.

In situations where a negotiable document of title is not required, the presentation problem can be solved by the substitution of a sea waybill for the normal bill of lading. The sea waybill differs from the bill of lading in that it does not constitute a negotiable document of title. The air waybill is not also a document of title or transferable, negotiable instrument. For this reason it is not so acceptable where documentary credits are involved or where there is a possibility that the consignee might wish to sell the goods in transit. The CMI Uniform Rules for Sea Waybills confirm the shipper shall be the only party entitled to give the carrier instructions in relation to the contract of carriage. Unless prohibited by the applicable law, he shall be entitled to change the name of the consignee at any time up to the consignee claiming delivery of the goods after arrival at destination, provided he gives the carrier reasonable notice in writing, or by some other means acceptable to the carrier, thereby undertaking to indemnify the carrier against any additional expense caused thereby. In Montreal Convention and Warsaw Convention, the shipper has the right to dispose of the goods by withdrawing them at the aerodrome of departure or destination, or by stopping them in the course of the journey on any landing, or by calling for them to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air consignment note, or by requiring them to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right. The shipper shall have the option, to be exercised not later than the receipt of the goods by the carrier, to transfer the right of control to the consignee. The exercise of this option must be noted on the sea waybill or similar document, if any. Where the option has been exercised the consignee shall have such rights and the shipper shall cease to have such rights. On the other hand, Montreal Convention and Warsaw Convention confirm that if the carrier obeys the orders of the consignor for the disposition of the goods without requiring the production of the part of the air waybill delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill. So this study aims to analyse legal issues on the right of control in international transactions. It shows the character of the right of control and compares the right of control in sea waybill or air waybill with that in bill of lading. It also reviews the lawful situations of other countries and compares the Uniform Rules of CMI or Montreal(Warsaw) Convention and the Commercial Law in Korea.

[자료제공 : 네이버학술정보]
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