항해용선계약에서 적부불량에 의한 화물손해와 운송인의 책임에 관한 연구

A Study on Cargo Damage and Carrier’s Responsibility resulted from Bad Stowage under Voyage Charter

&nbsp;&nbsp;The purpose of this study aims to analyse cargo damage and carrier’s responsibility resulted from bad stowage under voyage charter with the Archimedes case.<BR>&nbsp;&nbsp;The cargo must be stowed in accordance with the express terms of the charter, if any, and otherwise in accordance with any relevant customs of the port, or in accordance with good practice. Where the failure to load a full cargo results from bad stowage, the liability will fall upon the party responsible for stowing the cargo. Where the charterparty is in terms which permit the charterers to supply which can only be stowed in a manner which leaves empty spaces between the units of cargo, the charterers must, in order to fulfil their obligation to provide a full and complete cargo and the absence of contrary agreement, supply other cargo within the terms of the charter to fill the gaps. If a bill of lading incorporate the terms of the charterparty which contains the F.I.O.S. alternative of clause, that clause will not necessarily have the same effect between the owner and the bill of lading holder as it has between the owner and the charterer under the charterparty.