국제항공운송에서 운송계약의 당사자 및 운송물에 대한 소유권의 이전
The Parties of the Contract for Carriage and the Transfer of Ownership of the Goods in International Carriage by Air
임태혁(서울고등법원)
17권 1호, 159~182쪽
초록
A contracting carrier, i.e., a carrier which enters with a passenger, a consigner or its representative into a transport contract governed by the “Convention for the Unification of Certain Rules Relating to International Carriage by Air(the “Warsaw Convention”),” as amended in 1955 in Hague, and delegates the whole or a part of such transport to the actual carrier, is a “carrier” under the Warsaw convention, as amended. The air consignment note is prima facie evidence of the conclusion of the contract, of the receipt of the goods and of the conditions of carriage. ‘Free on Board’ means that the seller fulfills his obligation to deliver when the goods have passed over the ship’s rail at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that point. But property in the goods isn’t always transferred that point.
Abstract
A contracting carrier, i.e., a carrier which enters with a passenger, a consigner or its representative into a transport contract governed by the “Convention for the Unification of Certain Rules Relating to International Carriage by Air(the “Warsaw Convention”),” as amended in 1955 in Hague, and delegates the whole or a part of such transport to the actual carrier, is a “carrier” under the Warsaw convention, as amended. The air consignment note is prima facie evidence of the conclusion of the contract, of the receipt of the goods and of the conditions of carriage. ‘Free on Board’ means that the seller fulfills his obligation to deliver when the goods have passed over the ship’s rail at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that point. But property in the goods isn’t always transferred that point.
- 발행기관:
- 국제거래법학회
- 분류:
- 법학