원문정보
Can a Stevedore who has contracted with a charterer insist a defence in the Himalayas clause of the Surrender B/L?
초록
영어
The Supreme Court Case Da 213237 of 2016 is an issue of whether the carrier's liability restriction clause on the back of the Bill of Lading is valid, and in the case of Surrender Bill of Lading, the responsibility for the transportation based on the contents on the back of the lading securities is valid. In addition, the Himalayas clause is inserted on the back of the Bill of Lading, and it is stated that “subcontractors” and “includes anyone who assists in carrying out the transportation, and the responsibility of the agent of the freighter. However, the stevedoring company in this case concluded a contract with the consignee and carried out the unloading work on behalf of the consignee. Therefore, the validity of the ruling that the Himalayas agreement, which states that the shipper can claim the right of plea on the shipping securities issued by the carrier, is also applicable in this case.
목차
Ⅱ. 대상판결의 기초사실 및 경과
Ⅲ. 히말라야 약관의 효력에 관한 판례와 학설
IV. 대상판결의 검토
Ⅴ. 결론
참고문헌
