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학술논문상사판례연구2010.03 발행KCI 피인용 1

항해용선계약하에서 액체화물 인도시기 - 2008다33818 사건을 중심으로 -

Delivery for Fluid Cargo under the Voyage Charter Party

정영석(한국해양대학교)

23권 1호, 609~644쪽

초록

As to nature of B/L and charterparty, and as whether it is performed by liner or tramper, the delivery time of cargoes and legal position of warehouse operator are differently construed. Although 2008 DA 33818 case is published on the limit of the fluid cargo, this case is very important as a turning point which determined the time of delivery of cargo, the legal definition and liability for the carrier and warehouse operator. In the view point of legal nature of B/L and C/P, the legal concept of tramper and warehouse operator, The decision of the Supreme Court is very rational as legal decision. I think this judgment presented clear tests for the time of delivery of cargo, legal status of charterer and warehouse operator.

Abstract

As to nature of B/L and charterparty, and as whether it is performed by liner or tramper, the delivery time of cargoes and legal position of warehouse operator are differently construed. Although 2008 DA 33818 case is published on the limit of the fluid cargo, this case is very important as a turning point which determined the time of delivery of cargo, the legal definition and liability for the carrier and warehouse operator. In the view point of legal nature of B/L and C/P, the legal concept of tramper and warehouse operator, The decision of the Supreme Court is very rational as legal decision. I think this judgment presented clear tests for the time of delivery of cargo, legal status of charterer and warehouse operator.

발행기관:
한국상사판례학회
분류:
법학

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항해용선계약하에서 액체화물 인도시기 - 2008다33818 사건을 중심으로 - | 상사판례연구 2010 | AskLaw | 애스크로 AI