[국제물품매매계약] CIF 계약에 있어서 전자식 선하증권의 법적이전에 관한 고찰

A Syudy on Legal Transfer of the Electronic Bill of Lading in CIF Contract

Under the CIF tenn, the seller's responsibility for the goods ends when he delivers them at the port of shipment on board ship; the goods travel at the buyer's risk although the seller is responsible for the payment of the freight and the marine insurance premium. The goods are deemed to be delivered to the buyer when the bill of lading is delivered to him. The risk passes to the buyer when the bill of lading is delivered to him. The risk passes to the buyer on shipment, but the property in the goods sold does not normally pass on shipment. Therefore the two incidents of the passing of the risk and of the property are separated under the CIF tenn. Specially, in the case of CIF contract of symbolic delivery term, when CIF contract was made using electronic BIL, the property in the goods is important problems how to transfer. Related closely to the issue of the electronic signature is the question of EDI and negotiable documents, primarily the bill of lading. With the paper document, transfer of title is fulfilled by transferring the original bill of lading to the buyer of the goods. However, in an electronic environment this is difficult to replicate. A number of solutions have been investigated, including using an electronic bill of lading, by controlling changes in title to goods through irrevocable, but transferable instructions to the carrier, or by appointing an independent electronic data registry. The purpose of this work aims to analyse legal transfer of electronic bill of lading in CIF contract.