일본에 있어서 선하증권상의 부지문언의 효력에 관한 연구

A Study on the Effectiveness of Unknown Clause in Japan

&nbsp;&nbsp;An Unknown clause or Wording is a clause or remarks in a bill of lading which means that a carrier does not know the description of goods, weight, quality etc. of a cargo. It is inevitable to insert the Unknown Clause or Wording in bill of lading. In the Korea and Japan, it is generally accepted by the Court and international trade practice that the Unknown Clause or Wording is valid.<BR>&nbsp;&nbsp;And Recently, the import goods may arrive at the port of destination prior to the shipping documents. In such situation, the carrier used to deliver the goods to the importer against the Letter of Guarantee. But L/G has some problems that the illegality of LIG based on the Commercial law and Judgement.<BR>&nbsp;&nbsp;This paper handles validity of Unknown Clause or Wording and problems of Letter of Guarantee in the Letter of Credit transaction based on the Japan Supreme Court Decision.