Hague 규칙상 해상운송인의 책임제한 배제요건의 의의에 관한 연구

• 영문명: A Study on the Significance of Requirements for Exclusion of Liability Limitations of Sea Carriers under Hague Rules
• 발행기관: 한국무역연구원
• 저자명: 고기윤(Ki-Yun Ko) 허윤석(Yun-Seok Hur)
• 간행물 정보: 『무역연구』제16권 제6호, 443~462쪽, 전체 20쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2020.12.30

영문 초록

Purpose - This paper analyzes the significance of requirements for exclusion of liability limitations of sea carriers under Hague Rules. Design/Methodology/Approach - This paper focuses on the requirements for exclusion of liability limitations of carrier under Hague Rules, and is carried out through the literature method using academic papers for the analysis of this study. Findings - According to the discussion at the time of the enactment of the Hague Rules and the review of theories and precedents in Britain and France adopting the Convention, the notification requirement of the shipper for the exclusion of the limitation of liability is an offer for a special agreement to exclude the limitation of liability. The requirements stated in the bill of lading by carrier are to be understood as the carrier’s acceptance of the application, and the exclusion of the limitation of liability is to be viewed as a special agreement between the parties. Research Implications - The implications of this study is as follows. First, it should be interpreted that the carrier is not obligated to agree to carriage without limitation of liability, that is, to accept the notification of the shipper to exclude the limitation of liability. Second, when a bill of lading is issued, it can be understood that in the current regulations, if there is no description in the bill of lading, the limitation of liability is not excluded due to lack of requirements. Finally, with respect to the sanctions against the consignor’s false notification, international carriage of goods by sea is subject only to cases where the difference between the price intentionally notified by the shipper and the actual price differs significantly.

목차

Ⅰ. 서론

Ⅱ. 해상운송인의 책임제한제도

Ⅲ. 책임제한의 배제요건에 관한 시사점

Ⅳ. 결론

References

키워드

False Notification Hague Rules Limitations of Liability