국제해상운송에서 선하증권의 권리증권성과 파손화물보상장에 대한 고찰 - 영국법을 중심으로 -

A bill of lading is normally issued for carriage of goods by sea. A bill of lading is a negotiable instrument, and entitles a holder the right to claim delivery of goods. Therefore, the carrier must deliver the cargo consistent with the contents of the bill of lading to the holder in due course of the bill of lading. However, in maritime practice, carriers have issued clean bills of lading instead of foul bills of lading, against letters of indemnity (or indemnity). In such cases, the carrier shall assume liability for the holder of the bill of lading as stated in the bill of lading, and shall claim compensation from the shipper under the letter of indemnity. A letter of indemnity (or indemnity) guarantees that the shipper will compensate the carrier for any loss sustained as the result of the issue of a clean bill of lading instead of a foul bill of lading. In maritime practice, a letter of indemnity can be very useful in case of trivial defects. However, a letter of indemnity could be void between a shipper and carrier if it is issued in order to defraud the consignee or the holder of a bill of lading. If so, the carrier will not be able to claim compensation from the shipper under a letter of indemnity. The validity of a letter of indemnity shall be determined by the governing law, and thus an understanding of the laws and rulings of each country on a letter of indemnity is required.