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改正信用狀統一規則의 運用上의 問題點에 관한 硏究 : 運送書類關聯規定을 中心으로
朴斗學,梁暎煥,吳元奭,金正秀 東亞大學校 大學院 1987 大學院論文集 Vol.12 No.-
The U.C.P(1983 Revison) set out guidelines relating to a transport document which would enable banks to accept such a document, or compel them to reject it, regardless of what the document appers to call itself, as follows: a) The case where the credit stipulates a marine bill of lading as the required transport document(Article 26) or, b) The case where the credit stipulates dispatch of goods by post(Article 30), of which case was excluded in this thesis or, c) All other cases where the credit calls for a transport document(Article 25). The definitions of the "shipment" are of "loading on board" or "dispatch" or "taking in charge", so Article 25 which made a clear distinction betwen a marine bill of lading and other transport document, especially combined transport document, referred mainly to the combined transport document as a popular transport document into four paragraphs: Paragraph(a): "mandatory general requirement" which the transport doucument must need for tis to be acceptable under the credit: Paragraph(b): "optional extras", i.e. additional elements in the transport document which will not affect its acceptability; Paragraph(c): elements in the transport document which make its rejection mandatory such as charter-party B/L, or the document issued by sailing vessel; Paragraph(d): elements in a transport document which may cause it to be rejected, such as freight forwarder's transport document. or which may permit its acceptance, such as FIATA FBL, including the freight forwarder's transport document acting as a carrier or agent of a named carrier. In making application of this paragraph(d) in practical side, what is mattered is that the U C P (1983 revision) did not provide the definition of a "carrier" which may be a norm in deciding of acceptability of the freight forwarder's transport document. The 1980 Revision of Incoterms, appreciating that one of the basic functions of a transport document is to evidence the contract of carriage, states that "carrier" means any person by whom or in whose name a contract of carriage by road, rail, sea or a combination of modes has been made, but this definition does not have a binding force and effect on the L/C tranaction because the L/C is a separate transaction because the L/C is a separate transaction from the sales contract. Article 26 applies only when the credit calling for a transport document stipulates as such document "a marine bill of lading", and it broadly follows the structure of Article 25. A marine bill of lading in the Article, unkess otherwise stupylated in the credit must be an "on board" form. As this Article only apply to " a marine bill of lading", the document which contains the word "intended" or "issued by freight forwarder", unless it indicates that the freight forwarder is acting as a carrier or its agent, will not be acceptable. But the Paragraph(b) in this Article stipulates that banks will not reject a document which bears a title such as "Combined transport billof Lading", Combined transport doucument", "Combined transport bill of lading or port-to-port bill of lading ......, so in cases of Combined transport documents which meet the requirements of Paragraph(a) of article 26, it is very confusing to find a appropriate Article in application. thus to avoid a confusion L/C applicant showed designate Article 26 in L/C if he wants it to be applied in Combined transport document. Article 27 made the change of UCp(1974 revision) that an "on board" document should be the norm; namely "taken in charge" or "received for shipment" now because an equivalent alternative for transport documents other than marine bill of lading.
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