해상화물운송장에 대한 법적고찰

A Study on the Legal View of Sea Waybill

&nbsp;&nbsp;For many years, the Bill of Lading has been used to shipping documents supported by legal systems, maritime laws and customs of commercial law practice. According to developing carriage of goods by sea, the ship arrived the port of destination before reached transport documents to consignee. We called it the matter on the Bill of Lading Crisis or the Fast Ships Problem. One side, the consignee had a long wait for documents, which to obtain delivery of cargo. The other side, the sea carrier was in trouble with the risk of compensation for damages, because he did not exchange for shipping document.<BR>&nbsp;&nbsp;Therefore, Sea Waybill will be proposed an alternative method which has the use of solving this matter. Nowadays, frequently, the carrier has increased issuing Sea Waybill as a transport documents, because it is a non-negotiable document and the consignee does not need to present and interchange to carrier for delivery of goods. That is a point of the solving the problem which the Bill of Lading Crisis.<BR>&nbsp;&nbsp;This article is made up of eight chapter. The second chapter is background of Sea Waybill, which of the utility and usefulness. And deal with International Convention as Hague Rules 1924, Hamburg Rules 1992, CMI Uniform Rules for Sea Waybill 1990 and so on. The third chapter is debate on the enactment proposal of Sea Waybill include a revised bill of Commercial Law 2006. Discussing the object of the legislation, structure and contents. The fourth chapter is defined about the Sea Waybill. Look around term and character of the Sea Waybill. The fifth chapter is argue on the issue of Sea Waybill. Account for issuer and condition of issue, mentioned items. Add to explain about issue of the Electronic Sea Waybill. The sixth chapter is treat of the legal effect of Sea Waybill. Watching for effects of description of the Good, responsibilities of the carrier and delivery of the goods, Right of Control, a party capacity of conginee and so forth. The seventh chapter is explain to relation with Sea Waybill to a Letter of Credit. Finally suggesting, it is important that Sea Waybill is applied to International Convention and enactment of the revision of the Commercial Law.