선화증권상 권리와 의무의 이전에 관한 연혁적 고찰

As the shipping documents have been passed through many years, their roles and functions have been established. Under the initial common law, the B/L did not fulfill its functions as a document of title. However, as the law of B/L was enacted in 1855, it was recognized as an innovative legislation in which the rights and obligations of the B/L were transferred. But, by linking the transfer of rights and Liabilities to the passing of property in the goods, the issue of transferring rights and obligations was exposed. For example, in the case of multiple shipment issuance for goods shipped in bulk, individual B/L holders could not exercise their rights because the ownership was not transferred until the shipment was identified at the port of destination. On the other hand, there has been problems of obliging the person who owns the B/L to fulfill the obligations under the B/L in order to exercise security for the cargo such as the bank. 1992 COGSA separates the transfer of ownership of cargo and the transfer of rights and Liabilities under the B/L and separates the exercise of rights and obligations. In other words, it stipulates that the lawfully holder of a bill of lading can exercise the rights such as the right of suit under the B/L, and solves the problems raised under the B/L Act by stipulating that the holder of B/L to be exercised the rights shall bear the obligation. Accordingly, the transfer of the rights and Liabilities on the B/L was governed by the common law, and by the B/L Act in 1855, it is disciplined for over 140 years. As a result, the 1992 COGSA has repealed the legislation of the B/L Act in 1855. and established the legal certainty of the transfer of the rights and Liabilities under the B/L. This paper deals with the functioning of B/L in accordance with British legislation. In addition, only the transfer of rights and obligations related to the B/L was analyzed, and the ship's delivery order and seaway bill stipulated in the 1992 COGSA were excluded. I will also conduct research on the mentioned above this in the future.