상법상 복합운송 관련 규정의 적절성 평가

• 영문명: An Evaluation on the Relevance of the Multimodal Transport Provisions in Commercial Law
• 발행기관: 한국해양비즈니스학회
• 저자명: 최근배(Keun-Bae, Choi)
• 간행물 정보: 『해양비즈니스』제39호, 1~35쪽, 전체 35쪽
• 주제분류: 경제경영 > 경영학
• 파일형태: PDF
• 발행일자: 2018.04.30

영문 초록

The main purpose of this study is to investigate the multimodal transport provisions in current Korean Commercial Law and to give proper suggestions if necessary. Generally law relating to carriage provides the definition of carriage contract, liability of carrier and limitation of carrier’s liability, Himalaya clause, transport documents and etc. And Korean Commercial Law has network liability system about multimodal transport operator’s liability. In order to satisfy this legal system, it is very important to be arranged well individual transport law system. But there are few provisions relating to carrier’s liability in land transport law unlike sea and air transport law. So it is very urgent to provide related provisions about land transport. For example, limitation system of land carrier’s liability and amount of compensation for damage, Himalaya clause and etc. And regulations regarding multimodal transport documents are to be introduced. But when discussing the introduction of MTD, it must be considered the negotiability of MTD. If multimodal transport contract contain air transport section, the MTD can not have negotiability. So careful consideration would be necessary about the introduction of MTD’s negotiability. Finally when introducing the provisions about multimodal transport in commercial law, provisions applicable mutatis mutandis can used in many field. So a few provisions can regulate the various multimodal transport phenomenon. Because commercial law has plentiful regulations about sea/air and land transport law separately.

목차

Ⅰ. 서론

Ⅱ. 현행 상법 상 복합운송관련 규정의 내용 분석

Ⅲ. 현행 상법상 관련 규정의 문제점 Ⅳ. 개선점 및 제언

Ⅴ. 결론

키워드

복합운송 상법 복합운송인 책임 복합운송증권 Multimodal transport (operator) Korean Commercial Law MTD