전자선화증권의 유통성에 관한 연구

A Study on the Negotiability of Electronic Bills of Lading

Traditionally paper bills of lading have three functions. It is function as a receipt, evidence of contract and document of title. According to the expansion of using the electronic bills of lading, it is very important to grasp whether electronic bills of lading has characteristic functions as a document of title that traditional paper bills of lading have had. So this study examine the electronic bills of lading's negotiability through the comparision of CMI Rules, Korean Commercial Law and Rotterdam Rules. After examining the provisions, electronic issuance of bills of lading and method of transfer of right is similar each other. And the legal effect is similar too. But they are different position about the register authority. It is appointed carrier as a register authority in CMI Rules and Rotterdam Rules. If carrier is appointed as a register authority, concerning parties participating trade transaction are very hard to give a trustworthiness about electronic bills of lading system. Therefore it is necessary to act trusted third party as a register authority. And Korea government needs to cooperate with other foreign nations about the mutual recognition of register authority