로테르담 규칙상 운송물 인도지연에 대한 손해배상청구요건에 관한 연구

The Rotterdam Rules introduce regulations on the delivery procedure and delay in delivery in order to reduce the legal uncertainty regarding delivery practice. As a result, the carrier should be liable for damages caused by delay in delivery as well as for the loss of or damage to the goods. It is advisable to introduce in the Rotterdam Rules the liability rule for delay in delivery since, without such a liability rule for delay, the parties to an international sales contract would have to bear the risk of delay themselves. They might not be able to shift this risk to the marine cargo insurers, since the traditional marine insurance only cover physical loss, not economic loss caused by delay. Under the Rotterdam Rules, at least to a certain drgree, there is a possibility for compensation. However, due to the ambiguity of regulations dealing with liability of the carrier for delay in delivery, complex and difficult issues arise regarding the proof of damages caused by delay and claims for damages. Claim for damages caused by delay raise issues about agreement on time of delivery between the parties, proof of the damage, and the notification of damages as the carrier’s liability for the damages caused by delay in delivery is different from the case of loss of or damage to the goods.