해상운송계약상 양위약관의 효력에 관한 고찰

Abstract

The purpose of this article is to examine validity of the demise clause and its compatibility under the international conventions in relation to carriage of good by sea. This article reviewed the treatment of the clause by the court of England, the United States and Canada. The court of England and Canada have held the clause valid as against the shipper than the courts of the United States, where have held one or more charterers to be carrier, either alone or jointly with the shipowner. It has been generally criticized that the demise clause restricts the rights of suit of the shipper or consignee of lost or damaged cargo, permitting them to take action in contract against the shipowner only, even though it is the charterer who has concluded the contract of carriage, collected the freight and performed the duties of carrier. The Hamburg Rules(1978) provides that B/L signed by the