로테르담 규칙과 한국 상법 상 선화증권의 물권적 효력에 관한 비교연구

• 영문명: Comparative Study on the Real Right's Validity of Bills of Lading between Korean Commercial Law and Rotterdam Rules
• 발행기관: 한국해양비즈니스학회
• 저자명: 최근배(Keun-bae Choi)
• 간행물 정보: 『해양비즈니스』제29호, 177~206쪽, 전체 30쪽
• 주제분류: 경제경영 > 경영학
• 파일형태: PDF
• 발행일자: 2014.12.22

영문 초록

The purpose of this study is to compare Korean commercial law with Rotterdam Rules regarding real right's validity of bills of lading. The real right's validity of bills of lading have accepted by international trade circle for a long time and this character of bills of lading contributes to activate international trade transactions. From a general point of view, the contents regarding the real right's validity of bills of lading in Korean commercial law is not widely different from the Rotterdam Rules. Bills of lading in commercial law and transport document in Rotterdam rules is almost same in fundamental aspect practically. But the provisions about electronic bills of lading and negotiable electronic record in two regulation have somewhat difference. Especially there is a great difference between electronic bills of lading issuer and negotiable electronic record issuer. Electronic bills of lading in commercial law is issued by register agncy that nominated by Minister of Ministry of Justice. But electronic transport record in Rotterdam Rule is issued by carrier. This point is debatable to some degree. Except this point, Rotterdam rules has more plentiful provisions about the real right's validity of bills of lading than Korean commercial law. So Rotterdam Rules can cope with more various situation about using bills of lading. Accordingly we can get more implications from Rotterdam Rules when we considered to revise the commercial law.

목차

Ⅰ. 서론

Ⅱ. 선화증권의 물권적 효력과 선행연구 검토

Ⅲ. 로테르담 규칙과 상법 상 관련 조항 분석

Ⅳ. 양 규정의 비교 및 시사점

Ⅴ. 결론

참고문헌

Abstract

키워드

선화증권 물권적 효력 한국 상법 로테르담 규칙 경상대학교 Real Right's Validity of Bills of Lading Rotterdam Rules Korean Commercial Law