정기선 운송에서 컨테이너 제공에 따른 감항 의무에 관한 연구

• 영문명: Seaworthiness Obligations under the Container Provided in Liner Shipping
• 발행기관: 한국무역연구원
• 저자명: 신학승(Hak Sung Shin) 이양기(Yang Kee Lee) 김동윤(Dong Yoon Kim)
• 간행물 정보: 『무역연구』제11권 제2호, 245~266쪽, 전체 22쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2015.04.30

영문 초록

For the maritime transport, represented by the Hague-Visby Rules, the carrier is under an overriding obligation to provide a seaworthy vessel before and at the beginning of the sea voyage. Hague-Visby Rules do not include correctly definition of container as new equipment for transport regime. Some containers are owned by shipper. But, most containers are owned or leased by carriers. Thus, through of the International Carriage by Sea Act, we would investigate that the container as a part of the ship or dealt with the part of the goods' package. Furthermore, suggest that how can divided each parties' duty concerned with seaworthiness obligation on container and the duty allocation can be specifically made. By analyzing precedent research, defined the definition and scope of seaworthiness for the each parties' duty. After then, survey of the container cases, it was concluded by the Supreme Court of Netherlands and France. There are no specific articles concerned with responsibility for container seaworthiness. Through the cases analyzing, we suggests who is the container provider and the what is the provider's duty and how container seaworthiness can be applied relative to international transport law. So, this research establishes solutions and the necessity of the united criteria for the articles to container seaworthiness and legally question of container under the Hague-Visby Rules.

목차

Abstract

Ⅰ. 서론

Ⅱ. 감항성 의무에 관한 이론적 접근

Ⅲ. 컨테이너의 감항성에 대한 실무적 해석

Ⅳ. 컨테이너 제공과 관련한 사례 분석

Ⅴ. 결론

References

키워드

Carriage of Goods by Sea Container Seaworthiness Cargo-worthiness Due Diligence Hague-Visby Rule Rotterdam Rule Principle of Freedom of Contract