영국 University of Wales Cardiff, Law School의 Paul Todd 교수의 Contracts for the Carriage of Goods by Sea(1988)를 번역한 책이다. 용선계약서 및 선하증권과 관련된 다양한 주제들을 비교적 간결하고 폭넓게 다루고 있어, 해상화물운송계약의 이해에 도움이 되는 책이다. 특히 우리가 자주 접하지 못한 탱커부문도 다루고 있다.

해상화물운송계약론 목차

제 1 부 序 論

제1장 용선계약서의 槪觀 및 선하증권과의 比較
1.01 용선계약서 및 一般船에 의한 운송：운송계약유형 ··············· 14
1.02 國際賣買(International Sales) ················································· 15
1.03 선하증권(Bill of Lading) ························································ 20
1.04 운송절차 ···················································································· 24
1.05 貨渡指示書(Delivery Order) ···················································· 27
1.06 용선계약의 槪觀······································································· 29
1.07 항해용선계약의 槪要································································ 31
1.08 貨主의 권리와 運賃 및 滯船料에 대한 책임 ·························· 33
1.09 정기용선계약의 개요 ································································ 34
1.10 용선계약서와 선하증권의 비교 ··············································· 37
1.11 표준용선계약서：乾貨物··························································· 40
1.12 표준용선계약서：液狀貨物······················································· 43
1.13 용선계약서의 解釋···································································· 44
1.14 船體傭船의 개요 ········································································ 45
1.15 船主共濟組合(P&I Associations) ············································· 46

제2장 主要一般法理
2.01 市況變動과 대응책 ···································································· 47
2.02 條件, 擔保, 中立(無名)條項······················································· 49
2.03 豫想違反(Anticipatory Breach) ··············································· 52
2.04 이행거부와 면책약관 ································································ 53
2.05 운송계약의 中絶······································································· 56
2.06 仲裁約款····················································································· 59
2.07 1979년 중재법의 개요 ····························································· 61
2.08 운임, 용선료 및 체선료의 支拂遲延······································· 63

제 2 부 航海傭船契約

제3장 항해용선계약서：船主
3.01 他傭船契約書와의 共通約款······················································· 68
3.02 선주와 용선인의 책임분할 ······················································ 69
3.03 헤이그 규칙 및 헤이그 비스비 규칙과 용선계약서의 관계 ··· 71
3.04 本船에 관한 表示······································································ 73
3.05 堪航性 및 積付：그에 대한 법리 ············································ 75
3.06 不堪航의 결과 ··········································································· 77
3.07 표준서식의 비교：Gencon 약관 제2조 ·································· 80
3.08 표준서식과 헤이그 규칙 또는 헤이그 비스비 규칙 ·············· 82
3.09 迅速航進義務·············································································· 83
3.10 예비항해와 해약약관 ································································ 84
3.11 解約約款外의 용선인에 의한 계약해제 ··································· 86
3.12 不當離路禁止·············································································· 89
3.13 전쟁위험 ···················································································· 90
3.14 一般結氷約款·············································································· 92
3.15 선주의 留置權··········································································· 94
3.16 本船의 代替··············································································· 94

제4장 항해용선계약：傭船人
4.01 운임：乾貨物用 용선계약서의 유형 ········································· 96
4.02 운임：탱커서식 ········································································· 99
4.03 월드 스케일(Worldscale) ······················································· 101
4.04 引渡拂：파손화물의 인도 ······················································· 102
4.05 인도부족 및 운임의 控除······················································· 105
4.06 不引渡, 無運賃(No Delivery No Freight) ··························· 106
4.07 선불운임(Advance Freight) ·················································· 107
4.08 양륙손실약관 및 잔류화물약관 ············································· 109
4.09 不積運賃(Dead Freight) ························································· 112
4.10 선적 및 양륙기간：槪觀························································· 113
4.11 着船：港口着 및 埠頭着 용선계약서 ······································ 115
4.12 도착과 동시에 도달가능한(Reachable on Arrival) ············ 119
4.13 荷役準備完了通知(N/R：Notice of Readiness) ···················· 122
4.14 碇泊期間：건화물 ···································································· 123
4.15 탱커의 정박기간 ····································································· 128
4.16 本船의 滯泊에 대한 확정손해배상금으로서의 체선료 ········· 131
4.17 滯船料：무엇이 포함되는가? ················································· 133
4.18 체선료：표준서식 ··································································· 138
4.19 早出料(Despatch Money) ······················································ 140
4.20 責任中斷約款(Cesser Clause) ················································· 142
4.21 용선인의 危險物不積載義務···················································· 143
4.22 再傭船(Sub-Letting) ······························································· 144

제5장 連續航海傭船契約書
5.01 일반원칙 ·················································································· 145
5.02 Suisse Atlantique 사건 ························································· 146
5.03 연속항해용선계약서의 공통조항 ··········································· 148

제 3 부 期間傭船契約

제6장 船體傭船과 定期傭船의 비교
6.01 선체용선과 정기용선의 유사점 ············································· 154
6.02 선체용선의 특징 ····································································· 156
6.03 선하증권과 선체용선계약서 ··················································· 159
6.04 선하증권 및 정기용선계약서：일반적 지위와 讓位約款의 효과 161
6.05 Manchester Trust 推定의 否認············································· 165
6.06 용선계약서 및 第三者···························································· 167
6.07 新造船金融手段으로서의 선체용선 ········································· 169

제7장 定期傭船契約書條項
7.01 선주와 용선인의 責任分擔····················································· 172
7.02 堪航性, 積付 및 화물의 관리 ················································· 175
7.03 본선의 속도와 연료소모 ························································ 177
7.04 雇傭 및 補償約款···································································· 180
7.05 항해구역：무엇이 安全港인가? ·············································· 181
7.06 전쟁 및 결빙약관 ··································································· 185
7.07 용선료의 지불 ········································································· 186
7.08 용선료의 留保········································································· 188
7.09 傭船停止約款(Off-Hire Clause) ············································ 191
7.10 回收約款(Withdrawl Clause) ················································· 193
7.11 反技術約款(Anti-Technicality Clauses) ······························· 196

제 4 부 貨主의 地位

제8장 貨主：契約關係
8.01 화주와 용선계약 ····································································· 200
8.02 위험에 대한 一考察································································ 202
8.03 소유권이전에 관한 一考察：非分割撒貨物····························· 203
8.04 소유권의 이전：特定 또는 確定된 물품 ······························· 205
8.05 신용장에 관한 一考察···························································· 210
8.06 1855년 영국의 선하증권법 ···················································· 212
8.07 Brandt v. Liverpool 法理····················································· 215
8.08 Brandt v. Liverpool 법리 및 撒貨物·································· 217
8.09 운송계약조항 ·········································································· 220
8.10 용선인이 送荷人 또는 被背書人인 경우 ································ 223
8.11 송하인 및 중간매수인의 殘餘權利 및 義務·························· 225
8.12 운송인의 不法行爲에 대한 제소 ············································ 229

제9장 貨主에 대한 義務의 實體
9.01 관습법 및 국제조약 ······························································· 232
9.02 관습법：엄격책임 및 면책위험 ············································· 234
9.03 헤이그 및 비스비 규칙：일반규정 ········································ 235
9.04 헤이그 규칙에 대한 비스비 개정 ········································· 236
9.05 堪航性 및 航海中의 화물관리 ················································ 239
9.06 선주의 不離路義務·································································· 240
9.07 이로약관 ·················································································· 243
9.08 용선계약서 조항의 編入························································· 246
9.09 어떤 C/P의 조항이 편입되는가? ·········································· 249
9.10 운임 및 체선료 ······································································· 251
9.11 위험물 ······················································································ 252
9.12 共同海損分擔金········································································ 253
9.13 뉴 제이슨 약관(The New Jason Clause) ···························· 255
9.14 雙方過失衝突約款····································································· 257
9.15 3통이 一組로 발행된 선하증권 ············································· 259
9.16 선하증권 제출없는 화물인도 ················································· 261

제10장 Grant v. Norway
10.01 Grant v. Norway 원칙 ······················································· 268
10.02 Grant v. Norway 判例와 立法··········································· 273
10.03 Nea Thyi호 및 Saudi Crown호 ········································· 277
10.04 船長의 人的責任(Personal Liability of Master) ··············· 280
10.05 Hedley Byrne 사건：代理責任의 代案? ····························· 283

제 5 부 주요 爭點들

제11장 히말라야 약관 및 循環補償
11.01 히말라야 약관 ······································································· 286
11.02 Scruttons Ltd. v. Midland Silicones Ltd. ······················· 289
11.03 Eurymedon호 사건(1975) ··················································· 290
11.04 히말라야 약관의 한계 ·························································· 292
11.05 헤이그 비스비 규칙 ····························································· 294
11.06 循環補償約款(Circular Indemnities Clause) ······················ 296

제12장 詐欺(Fraud)
12.01 사기의 다양성 ······································································· 298
12.02 Salem호 사건 ······································································· 301
12.03 詐欺에 대한 대응책 ······························································ 302

부 록
<부록－1> 1855년 영국의 선하증권법 ············································ 306
<부록－2> 1992년 英國의 海上貨物運送法······································ 308
<부록－3> 판례목록(Table of Cases) ············································· 319
국문색인 ·························································································· 329
영문색인 ·························································································· 332