원본 선하증권과 상환하지 않는 컨테이너화물의 인도방식에 관한 연구 (A Study on the Methods of Delivery for Containers Goods not Changed with Bill of Lading)

서지정보

· 발행기관 : 한국무역상무학회
· 수록지 정보 : 무역상무연구 / 71권 / 127 ~ 146페이지
· 저자명 : 배희성, 현동채, 서민교

초록

There are two aims of this research: one is to verify the role of bill of lading and the method of delivery for container goods and the other is to suggest alternativemethods for the crisis of bill of lading; that is, goods are arrived in ports but bill of lading is not arrived. The results of the analyses are as follows.
First, delivery of container goods should be performed to exchange with bill of lading. Carriers should deliver goods to consignees to exchange with one among the number of issued bill of lading. In addition, when goods are delivered to consignees by the bill of lading, the other bill of lading is invalid.
Second, there are several methods of delivery which are not exchanged with bill of lading such as letter of guarantee, surrender bill of lading, sea waybill, non-negotiable straight bill of lading and consignment of bill of lading to a captain. Delivery of container goods should be performed by exchanging bill of lading. In addition, there are two deliverymethods by letter of guarantee: one is illegal and the other is legal. If there is damage for a bonafide-fide holder of bill of lading, carriers should make compensation for the damage.
Thesemethods consist of the delivery of goodswhich is not exchangedwith bill of lading and there are two advantages of the methods; one is that consignees enjoy saving bonded warehouse fee and quick disposal after arriving goods and the other is that carriers immediately use vessels after unloading containers. However, themethods are based on utmost good faith between a seller and a buyer.

영어초록

There are two aims of this research: one is to verify the role of bill of lading and the method of delivery for container goods and the other is to suggest alternativemethods for the crisis of bill of lading; that is, goods are arrived in ports but bill of lading is not arrived. The results of the analyses are as follows.
First, delivery of container goods should be performed to exchange with bill of lading. Carriers should deliver goods to consignees to exchange with one among the number of issued bill of lading. In addition, when goods are delivered to consignees by the bill of lading, the other bill of lading is invalid.
Second, there are several methods of delivery which are not exchanged with bill of lading such as letter of guarantee, surrender bill of lading, sea waybill, non-negotiable straight bill of lading and consignment of bill of lading to a captain. Delivery of container goods should be performed by exchanging bill of lading. In addition, there are two deliverymethods by letter of guarantee: one is illegal and the other is legal. If there is damage for a bonafide-fide holder of bill of lading, carriers should make compensation for the damage.
Thesemethods consist of the delivery of goodswhich is not exchangedwith bill of lading and there are two advantages of the methods; one is that consignees enjoy saving bonded warehouse fee and quick disposal after arriving goods and the other is that carriers immediately use vessels after unloading containers. However, themethods are based on utmost good faith between a seller and a buyer.

참고자료

· 없음