화물인도지시서의 법적 지위 - ship’s delivery order를 중심으로

• 영문명: A Study on the Legal Status of the Ship’s Delivery Order
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 梁碩完(Seok-Wan Yang)
• 간행물 정보: 『비교사법』比較私法 제15권 제2호, 447~481쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.06.01

영문 초록

  A delivery order is a document from a consignee, a shipper, or an owner of freight which orders the release of the transportation of cargo to another party. Usually the written order permits the direct delivery of goods to a carrier, warehouseman or other person who in the course of their ordinary business issues warehouse receipts or bills of lading.
  According to the Carriage of Goods by Sea Act 1992, a ship’s delivery order refers to any document which is neither a bill of lading nor a sea waybill but contains an undertaking which is given under or for the purposes of a contract for the carriage by sea of the goods to which the document relates, or of goods which include those goods. The ship’s delivery order was not regarded as a document of title at common law with the result that the transfer of the delivery order did not effect transfer of constructive possession of the goods.
  However under this law, title to sue is now vested in the lawful holder of a bill of lading, the consignee identified in a sea waybill or the person entitled to delivery order under a ship’s delivery order, irrespective of whether or not they are owners of the goods covered by the document.
  This study is focused on the legal status of the ship’s delivery order of the contract of carriage of goods by sea, so to speak, privity by attornment to delivery order and conflict between the holder in due course of bills of lading and the warehouseman.

목차

Ⅰ. 문제의 제기
Ⅱ. 화물인도지시서의 의의와 필요성
Ⅲ. 화물인도지시서 발행의 당사자관계
Ⅳ. 화물인도지시서의 유가증권성
Ⅴ. 화물인도지시서의 효력
Ⅵ. 맺으며
【참고문헌】
[Abstract]

키워드

화물인도지시서 선하증권 수하인 운송인 창고업자 당사자관계 권원증권 물권적 효력 Delivery Order Bill of Lading Consignee Carrier Warehouseman Privity Document of Title Transfer of Constructive Possession of the Goods