로테르담 규칙에서 운송인의 책임기간에 따른 인도지연에 관한 연구

Abstract

The purpose of this paper is to analyze the concept of time of delivery and delay in delivery according as the period of responsibility of the carrier in Rotterdam Rules and to examine the liability for loss caused by delay. Then regarding the period of responsibility of the carrier in the existing rules about carriage of goods by sea, the meaning of implied or stipulated time of delivery is examined. Based on the meaning examined, implied or stipulated definitions of estimate in time of delivery and delay in delivery are analyzed. In case the place and time of delivery are not established in contract of carriage, and the damage caused by delay in delivery as a breach of obligation is implicitly ascertained, the carrier is liable for predictable economic loss as well although in principle he is only responsible for physical loss. In case the time of delivery is agreed in contract of carriage, and damage due to delay in delivery as a breach of a condition in the contract occurs, the carrier is liable for not only physical loss but also for economic loss caused by delay.