로테르담 규칙하에서의 인도지연책임에 관한 소고

• 영문명: A study on the carrier's Liability of delay in delivery under Rotterdam Rules
• 발행기관: 한국해양비즈니스학회
• 저자명: 조종주(Jong-Ju, Jo)
• 간행물 정보: 『해양비즈니스』제21호, 117~137쪽, 전체 21쪽
• 주제분류: 경제경영 > 경영학
• 파일형태: PDF
• 발행일자: 2012.04.30

영문 초록

As a general rule, transit speed is not the principal issue in the carriage of goods by sea. The timing of a delivery may nevertheless be important for a maritime shipper-even when speed is not. The Hague and Hague-Visby rules do not explicitly address liability for delay. the domestic courts' interpretations have accordingly varied. The Hamburg Rules addressed delay explicitly for the first time in an international maritime transport convention. The basic liability provision declares that “the carrier is liable” not only for “loss of or damage to the goods,” but also for “delay in delivery,” assuming that certain conditions are met. The key provision then defines “delay in delivery” to recognise two possibilities, depending on whether the parties to the contract of carriage expressly agreed on the time for delivery: Delay in delivery occurs when the goods have not been delivered at the port of discharge provided for in the contract of carriage by sea within the time which it would be reasonable to require of a diligent carrier, having regard to the circumstances of the case. The Rotterdam Rules consistently recognise the carrier's liability for delay in delivering the goods, but article 21 significantly restricts the extent of the obligation. “Delay in delivery” is limited to the carrier's failure to deliver “within the time agreed” in the contract of carriage. Thus the carrier is not liable for failing to deliver the goods within the time it would be reasonable to expect of a diligent carrier. The carrier may limit its liability to an amount equivalent to two and one-half times the freight payable on the goods delayed.

목차

Ⅰ. 서론

Ⅱ. 국제해상운송규칙상의 인도지연 규정

Ⅲ. 로테르담 규칙상 인도지연책임의 제문제

Ⅳ. 결론

참고문헌

키워드

로테르담 규칙 인도지연 경제적 손해 함부르그 규칙 운송인의 책임 책임제한 Rotterdam Rules Delay in delivery Delay Hamburg Rules The Hague and Hague-Visby rules