선하증권의 부지약관과 부지문언의 유효성에 대한 연구

다국어 초록 (Multilingual Abstract)

Commercial disputes are frequently happening in international transport. The reason for that is the transport has international characteristics. Therefore international uniform rules are necessary. However countries adopt or apply the related rules partly or wholly, mirroring their respective situations. This paper handles Unknown Clause and Unknown Wording in the bill of lading evidencing container transport. Judgements and international rules relating to bill of lading are referred to the study. The paper is to make the range of responsibility clear in line with cargo descriptions made by shipper. Of course, the responsibility is the matter between the shipper and carrier. Claims evoked by party against unknown clause or wording is usually on the matter of difference between the actual and prima facie details. Therefore it might be the first requirement for the carriers to check the number at latest before issuing bill of lading. However the carriers handle so many full containers that they can not but believe the details the shipper delivers to them. It is systematically impossible to check whether details in every full containers are correct or not by carriers` own. Therefore it is inevitable to insert the expressions such as Shipper`s Load and Count or Said to Contain in container bill of lading. Some cases and judgements show that carriers are indemnified against such insertion. Others reject the effectiveness of unknown clause or wording in America and canada. This paper emphasizes that unknown clause or wording can not totally indemnify the carriers and that insertion of this kind of expressions shall be minimized as possible.