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국제물품매매계약(CISG)의 운송유보권 하에서 운송인의 법적지위에 관한 연구
Author
임재욱
Journal Title
통상정보연구
Publication Year
2014
Topics
Summary
This paper analyzes the vulnerable legal status of the carrier under the reservation of dispatch in the CISG and seeks appropriate legal actions by the carrier in accordance with the purpose of the reservation of dispatch. It examines the debate on the buyer's liability for damages when the buyer receives the goods despite the seller exercising the reservation of dispatch, and argues that the carrier should not be able to perform a disclaimer act if the buyer fails to provide security for performance. It also discusses how the exercise of the reservation of dispatch may vary depending on the method of payment, mode of transport, and form of the bill of lading.
