로테르담 규칙과 한국 상법 상 선화증권의 물권적 효력에 관한 비교연구

Comparative Study on the Real Right's Validity of Bills of Lading between Korean Commercial Law and Rotterdam Rules

The purpose of this study is to compare Korean commercial law with Rotterdam Rules regarding real right's validity of bills of lading. The real right's validity of bills of lading have accepted by international trade circle for a long time and this character of bills of lading contributes to activate international trade transactions. From a general point of view, the contents regarding the real right's validity of bills of lading in Korean commercial law is not widely different from the Rotterdam Rules. Bills of lading in commercial law and transport document in Rotterdam rules is almost same in fundamental aspect practically. But the provisions about electronic bills of lading and negotiable electronic record in two regulation have somewhat difference. Especially there is a great difference between electronic bills of lading issuer and negotiable electronic record issuer. Electronic bills of lading in commercial law is issued by register agncy that nominated by Minister of Ministry of Justice. But electronic transport record in Rotterdam Rule is issued by carrier. This point is debatable to some degree. Except this point, Rotterdam rules has more plentiful provisions about the real right's validity of bills of lading than Korean commercial law. So Rotterdam Rules can cope with more various situation about using bills of lading. Accordingly we can get more implications from Rotterdam Rules when we considered to revise the commercial law.