로테르담규칙상 전자운송기록의 증거력에 관한 연구

• 영문명: A Study on the Evidentiary Effect of Electronic Transport Record in Rotterdam Rules
• 발행기관: 한국해양비즈니스학회
• 저자명: 최근배(Keun Bae Choi)
• 간행물 정보: 『해양비즈니스』제32호, 103~127쪽, 전체 25쪽
• 주제분류: 경제경영 > 경영학
• 파일형태: PDF
• 발행일자: 2015.12.30

영문 초록

This study is focused on investigate the evidentiary effect of the ‘electronic transport record’ in Rotterdam Rules. In order to get more meaningful results, I have examined the various related various international rules. And Korean Commercial Law was also examined. Rotterdam Rules regulated that an electronic transport record is prima facie evidence of the carrier’s receipt of the goods as stated in the contract particulars, and also it regulated that Proof to the contrary by the carrier in respect of any contract particulars shall not be admissible, when such contract particulars are included in; (i)A negotiable transport document or a negotiable electronic transport record that is transferred to a third party acting in good faith; or (ii)A non-negotiable transport document that indicated that it must be surrendered in order to obtain delivery of the goods and is transferred to the consignee acting in good faith; Finally it regulated that Proof to the contrary by the carrier has not be admissible against a consignee that in good faith has acted in reliance on any of the following contract particulars included in a non-negotiable transport document or a non negotiable electronic transport record. So I consider that Rotterdam Rules has more comprehensive and powerful regulations about evidentiary effect than earlier other international rules, and that Rotterdam Rules contributes to enhance the negotiability and practically usability of the electronic transport record.

목차

Ⅰ. 서론

Ⅱ. 선행연구 분석

Ⅲ. 기존 국제규칙상 종이 및 전자 선화증권의 증거력

Ⅳ. 로테르담 규칙 상 전자운송기록의 증거력

V. 결론

참고문헌

Abstract

키워드

로테르담 규칙 전자운송기록 증거력 추정적 증거 확정적 증거 Rotterdam Rules Electronic Transport Record Evidentiary Effect Prima-facie Evidence Conclusive Evidence