Surrendered B/L의 법적 성질과 법리적 해석에 관한 연구

• 영문명: A Study on the Legal Interpretation and Aspects of Surrendered Bill of Lading
• 발행기관: 한국무역연구원
• 저자명: 이제현(Je-Hyun Lee)
• 간행물 정보: 『무역연구』제16권 제4호, 599~613쪽, 전체 15쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2020.08.31

영문 초록

Purpose The purpose of this study was to examine the legal interpretation and aspects of surrendered bill of lading. Design/methodology/approach I used the literature review and analyzed Supreme Court Decision 2016Da272719 decided on April. 11, 2019. Findings First, the surrendered bill of lading was a kind of straight original bill of lading. Second, the surrendered bill of lading was not negotiable, document of title, the nature of bill of exchange. Third, the shipper could presented the opener of straight original bill of lading with his signature at the place of loading and the opener received the straight original bill of lading, stamped with surrendered on the face the straight original bill of lading, returned the shippers the surrendered bill of lading. Fourth, the shippers, carriers must use the surrendered bill of lading by the straight original bill of lading. Lastly, the shipper can present the opener the straight original bill of lading at the place of loading, during he holds the straight original bill of lading. The shipper has the right to claim delivery of the goods, the right of control, ownership of goods, during he holds the straight original bill of lading. Research Implications The surrendered bill of lading means that the goods are to be delivered to a consignee. The indorsement of the surrendered bill of lading does not make bill negotiable and give the transferee any additional right.

목차

Ⅰ. 서론

Ⅱ. Surrendered B/L의 법적 성질과 법리적 해석

Ⅲ. 대법원 판례분석

Ⅳ. 결론

References

키워드

Document of Title Nature of Bill of Exchange Negotiable Ownership of Goods Right to Claim Delivery of the Goods Right of Control Straight Original Bill of Lading Surrendered Bill of Lading