2009년 협회적하약관의 면책조항 상 주요 개정내용에 관한 연구A Study on the Major Revised Contents in Exclusion Clauses of the Institute Cargo Clauses 2009
- Other Titles
- A Study on the Major Revised Contents in Exclusion Clauses of the Institute Cargo Clauses 2009
- Authors
- 신건훈; 이병문
- Issue Date
- Feb-2013
- Publisher
- 한국무역상무학회
- Keywords
- 2009년 협회적하약관; 면책조항; 포장; 준비불충분면책; 파산; 채무불이행 면책; 불감항; 부적합면책; Institute Cargo Clauses 2009; Insufficiency of Packing; Delay Exclusion; Unseaworthiness; Unfitness; Terrorism
- Citation
- 무역상무연구, v.57, pp.137 - 169
- Journal Title
- 무역상무연구
- Volume
- 57
- Start Page
- 137
- End Page
- 169
- URI
- http://scholarworks.bwise.kr/ssu/handle/2018.sw.ssu/11504
- ISSN
- 1229-2036
- Abstract
- This article intends to analyse some features in Exclusion Clauses of the Institute Cargo Clauses 2009 and the results of analysis are following. First, the insufficiency of packing or preparation exclusion under the revised Clause 4.3 is now more limited than before and the Clause suggest the test of sufficiency or suitability “to withstand the ordinary incidents of the insured transit.”Secondly, the word “proximately” was deleted under the revised Clause 4.5 for the insurer to be identified more easily as a cause, but it remains to be seen whether that re-drafting will be successful.
Thirdly, The exclusion under the revised Clause 4.6 does not apply unless the insurer can prove that, at the time the subject-matter insured is loaded on board the vessel, the assured was aware, or in the ordinary course of business should have been aware, that the relevant insolvency or financial default could prvent the normal prosecution of the voyage, and to a person who purchase the goods from the assured in good faith under a binding contract.
Fourthly, the exclusion in respect of unseaworthiness of vessel under Clause 5.1.1 applies only where the assured is privy to the unseaworthiness, whereas the exclusion in respect of unfitness of container or conveyance under Clause 5.1.2 includes the privity of the employee.
Finally, Clause 7 establishes the definition of terrorism, and adds ideological and religious motive to political motive.
- Files in This Item
-
Go to Link
- Appears in
Collections - College of Economics and International Commerce > Department of Global Commerce > 1. Journal Articles
Items in ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.