용선계약하에서 위험물취급에 관한 고찰

• 영문명: Handling of Dangerous Goods Under Charterparties: Focusing on Anglo/American Law and Practicies
• 발행기관: 한국통상정보학회
• 저자명: 김선옥(Sun-Ok Kim)
• 간행물 정보: 『통상정보연구』제11권 제1호, 291~308쪽, 전체 18쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2009.03.30

영문 초록

The implied obligation under the contract of affreightment not to carry dangerous goods without prior notice to the carrier applies to the contractual relationship between the charterer and the owner under charterparties. The charterers will be in breach of an implied undertaking under the common law if they load dangerous cargoes without making notice of dangerous nature of them to the owner. It is indicated to be necessary to change the term “shipper” to “charterer”, with relation to such implied obligation, where the Hague/Hague-Visby Rules are incorporated into the charter, however, it is not so apparent where an actual shipper is involved. So long as an actual shipper could be identified, the shipper rather than the charterer shall be responsible for damages arising from the dangerous nature of the cargo itself. In this case, the actual shipper is interpreted to have an implied contractual relationship with the carrier just by the act of delivering the cargo to the carrier for loading. If the vessel were damaged by shipment of the dangerous cargo under charterparty, the carrier can claim against such damages based on the contractual obligations under charterparties: “implied and expressed duty not to ship dangerous cargo without notice to the carrier”; “Art.Ⅳ.6 of the Hague/Hague-Visby Rules”; “Indemnity Clause” and “Redelivery Clause”. The carrier has the conventional right under the Hague/Hague-Visby Rules to land, destroy or render the goods innocuous where the dangerous cargo threatens the means of transport or other interests on board. When the carrier has not consented to make the shipment, the carrier’s disposal right could be exercised without limitation. However, where the carrier has consented to make the shipment of the dangerous goods with the knowledge concerned, the right of disposal of such goods should be exercised with limitation.

목차

Ⅰ. 머리말

Ⅱ. 용선계약상의 위험물취급

Ⅲ. 용선자와 실제송하인

Ⅳ. 용선자의 선주에 대한 손해배상책임

Ⅴ. 운송인의 위험물처분권과 책임

Ⅵ. 맺음말

참고문헌

Abstract

키워드

Charterparty Actual Shipper Liability of Charterer The Right of Disposal of the Carrier Common Law