선하증권의 성질 및 효력과 유통법리- 물품증권에 대한 일본의 판례 및 이론 전개를 중심으로 -

Bill of Lading is the negotiable instrument which has the right to claim the deliver of goods. This feature of B/L affects the negotiability of B/L in relation with the legal natures of it. To keep the negotiability of B/L, it needs to reinforce the legal position of a purchaser in good faith for dominant power to goods. In fact, The arguments on the effects of Bill of Lading related to the position of a good faith purchaser have been continued in the legal approach for B/L researches of German, Japan, Korea. This problem could not be solved easily because it complicated ties with the several private laws-civil law, commercial law, negotiable instrument law etc.-, and then can hardly find a systematic and unifying solution. In recent years, the Japanese researches on the nature and effect of Bill of Lading are interested in the approach focused on the principles of negotiable instrument. This approach according to a negotiable rule instead of a general private rule should help the understanding on the negotiable nature of Bill of Lading and developing of negotiable instrument law.