정기용선계약에서 용선자의 지시에 관한 연구 - 영국 법원의 판례를 중심으로 -
A Study of Charters' Order in Time Charter-Parties - Focus on Decision of the English House of Lords -
신학승(부산대학교)
9권 3호, 73~94쪽
초록
A very large proportion of the world trade is carried in chartered vessels. The right granted to charterers by most standard form time charters is to give orders as to the employment of the vessel. Until recently, definition on the distinction between orders as to employment and as to navigation was ambiguous and difficult. The difficulty involved in drawing the line between employment and navigation has been highlighted by the recent case of Hill Harmony. The trend in recent cases has been to recognize and give effect to the width of the charterers' power to give orders to the vessel. As it is the charterers who pay for the vessel, they are entitled to use the vessel as they see fit. The purpose of this article aims to analyse cases on the employment order and navigation order in time charter, and specially to review recent developments and trends in English law in relation to the nature and effect of time charterers' order.
Abstract
A very large proportion of the world trade is carried in chartered vessels. The right granted to charterers by most standard form time charters is to give orders as to the employment of the vessel. Until recently, definition on the distinction between orders as to employment and as to navigation was ambiguous and difficult. The difficulty involved in drawing the line between employment and navigation has been highlighted by the recent case of Hill Harmony. The trend in recent cases has been to recognize and give effect to the width of the charterers' power to give orders to the vessel. As it is the charterers who pay for the vessel, they are entitled to use the vessel as they see fit. The purpose of this article aims to analyse cases on the employment order and navigation order in time charter, and specially to review recent developments and trends in English law in relation to the nature and effect of time charterers' order.
- 발행기관:
- 한국무역통상학회
- DOI:
- http://dx.doi.org/
- 분류:
- 무역학