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정기용선계약에서 선주 및 용선자의 제3자에 대한 책임문제에 관한 약간의 고찰
이동철 ( Dong Cheol Im ) 한국해법학회 2004 韓國海法學會誌 Vol.26 No.2
The placing of responsibilities to third party, inter alia, for cargo damage is an area of continuing controversy. This article although examines foregoing subject by way of analyzing the terms of New York Produce Exchange Form(NYPE 93) of time charter and referring to some Anglo-American decisions. It deals with the main functions and division of liabilities of owner and charterer under the NYPE 93 in the second chapter and then considers the legal issues of signing bills of lading as well as the cargo damage during the cargo handling operation to identify the party liable. In the fourth chapter, the topic of charterer`s responsibility to third party is dealt with and author in conclusion recomend that it is better to add some new provisions with respect to the duties and/or liabilities of owner and charterer respectively rather than to stipulate another provisions for charterer`s responsibility to third parity in Korea Commercial Code.