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학술논문상사판례연구2008.09 발행KCI 피인용 5

해상물건운송에 있어서 실제운송인의 법적 지위

On the Legal Status of Actual Carrier in the Carriage of Goods by Sea Law

양석원(제주대학교)

21권 3호, 165~201쪽

초록

In definition regulations of Hamburg Rules, ‘actual carrier’ means any person to whom the performance of the carriage of goods, or of part of the carriage, has been entrusted by the carrier, and includes any other person to whom such performance has been entrusted. The actual carrier is responsible for loss, damage or delay in delivery caused by an occurrence which takes place while the goods are in his charge. In Korean Maritime Law, following the regulations of Hamburg Rules, the regulations about carrier can be applied to actual carrier. But owing to the fact that the legislation is not so perfect and there is no relevant judicial explanation, the dispute often arise from the issues which is presented from this paper.

Abstract

In definition regulations of Hamburg Rules, ‘actual carrier’ means any person to whom the performance of the carriage of goods, or of part of the carriage, has been entrusted by the carrier, and includes any other person to whom such performance has been entrusted. The actual carrier is responsible for loss, damage or delay in delivery caused by an occurrence which takes place while the goods are in his charge. In Korean Maritime Law, following the regulations of Hamburg Rules, the regulations about carrier can be applied to actual carrier. But owing to the fact that the legislation is not so perfect and there is no relevant judicial explanation, the dispute often arise from the issues which is presented from this paper.

발행기관:
한국상사판례학회
분류:
법학

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해상물건운송에 있어서 실제운송인의 법적 지위 | 상사판례연구 2008 | AskLaw | 애스크로 AI