선하증권상의 Himalaya 조항에 관한 실무적 고찰

• 영문명: A Practical Study on the Himalaya Clause under B/L
• 발행기관: 한국해양비즈니스학회
• 저자명: 한낙현(Nak-Hyun, Han)
• 간행물 정보: 『해양비즈니스』제24호, 147~174쪽, 전체 27쪽
• 주제분류: 경제경영 > 경영학
• 파일형태: PDF
• 발행일자: 2013.04.30

영문 초록

The purpose of this study aims to analyse the practical study on the Himalaya clause under Bills of Lading. The clause takes its name from a decision of the English Court of Appeal in the case of Adler v. Dickson (The Himalaya) [1954] 2 Lloyd's Rep 267, [1955] 1 QB 158 [1]. A clause in a transportation contract purporting to extend liability limitations which benefit the carrier, to others who act as agents for the carrier such as stevedores or longshoremen. Usually, a Himalaya clause will be placed within the bill of lading or such other transportation contract. By such a device, the carrier or shipper attempts to cover and shield companies or persons it employs to assist in the transportation or loading or unloading of goods, with whatever liability exemptions, limitations, defences it may have with the owner of the goods. Although the decision in The Himalaya is clear and unambiguous, the reasoning underpinning the case is still the subject of some debate. The courts at various times have suggested that the exception to the common law rules of privity of contract may be founded upon "public policy" reasoning, the law of agency, trust arrangements or (with respect to goods) by the law of bailment rather than the law of contracts.

목차

Ⅰ. 서론

Ⅱ. Himalaya 조항에 관한 일반적 고찰

Ⅲ. Rotterdam 규칙상의 Himalaya 조항

Ⅳ. 선하증권상 Himalaya 조항의 유효성과 적용

Ⅴ. 결론

참고문헌

키워드

히말라야조항 선하증권 Adler v. Dickson 사건 책임제한 Himalaya Clause B/L Adler v. Dickson liability limitations