컨테이너화물의 배상클레임에 관한 실무적 고찰

• 영문명: A Practical Study on the Indemnity Claims of Container Cargo
• 발행기관: 한국해양비즈니스학회
• 저자명: 한낙현(Nak-Hyun, Han)
• 간행물 정보: 『해양비즈니스』제21호, 173~215쪽, 전체 43쪽
• 주제분류: 경제경영 > 경영학
• 파일형태: PDF
• 발행일자: 2012.04.30

영문 초록

The purpose of this study aims to analyse the practical study on the indemnity claims of container cargo with NVOCC. An NVOCC is an intermediary between the shipper of the goods and the operator of the ship that is to carry these goods. He fulfills basically the same function as the groupage operator: he combines the goods of various shippers into a single shipment, contracts with an ocean carrier for the carriage of the goods, and delivers the goods to the ship. In the US, the development of the concept of the NVOCC would seem to have helped to promote the idea that a forwarder can assume the responsibilities of a Hague Rules carrier so that the bill of lading issued by him falls within the results as applied by the Carriage of Goods by Sea Act 1936(USCOGSA). The NVOCC construction does not particularly help to remedy the confusion between freight forwarders and carriers. An NVOCC may act as freight forwarder, as agent pure and simple for the cargo interests, so the distinction is not made any simpler. The NVOCC and the ocean carrier with which it contracts are jointly and severally responsible towards the cargo claimant for the loss or damage sustained by the goods during carriage, subject, of course, to a right of indemnity by one of the jointly and severally liable co-defendants against the other who was primary liable the ocean carrier and/or the carrying ship are not subject to USCOGSA, however, unless the statute is expressly incorporated by reference in the bill of lading between the NVOCC and the ocean carrier.

목차

Ⅰ. 서론

Ⅱ. NVOCC의 일반적 고찰

Ⅲ. 컨테이너화물의 인도와 복합운송서류

Ⅳ. 클레임청구와 손해배상책임보험에 관한 분석

Ⅴ. 결론

참고문헌

키워드

컨테이너화물 무선박운송인(이용운송인) 해상화물운송주선인 미국해상물건운송법 Hague 규칙 배상클레임 container cargo NVOCC freight forwarder USCOGSA Hague Rules indemnity