지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 저널정보
- 한국무역상무학회 무역상무연구 무역상무연구 제80권
- 발행연도
- 2018.12
- 수록면
- 93 - 125 (33page)
- DOI
- 10.35980/KRICAL.2018.12.80.93
이용수
초록· 키워드
오류제보하기
General average is a concept that applies both to certain types of losses incurred in a maritime venture and to the unique legal consequences that result. Korean Commercial Code Article 865 says that the damage and expenses which have arisen from the disposal of a ship or the cargo by a shipmaster in order to escape common peril of a ship and the cargo shall constitute the general average.
Meanwhile, Japanese Commercial Code (Act No. 48 of 1899)was amended and promulgated on May 25, 2018. (Act No. 29 of 2018). The amendment, especially, streamlines provisions concerning the requirement of general average. Article 808 (1) of the amendment says that any damage and costs which arise from any disposition of the ship or the shipped goods or other goods which are in the ship performed for the purpose of ensuring that the ship or the shipped goods are immune from any common risk shall constitute a general average.
This paper analyzes some issues as to requirements of general average in Korean Commercial Code by comparing the regulations of general average in Japan’s revised Commercial Code of 2018. This paper, also, offers some implications and suggestions for requirements of general average under Korean Commercial Code.
Meanwhile, Japanese Commercial Code (Act No. 48 of 1899)was amended and promulgated on May 25, 2018. (Act No. 29 of 2018). The amendment, especially, streamlines provisions concerning the requirement of general average. Article 808 (1) of the amendment says that any damage and costs which arise from any disposition of the ship or the shipped goods or other goods which are in the ship performed for the purpose of ensuring that the ship or the shipped goods are immune from any common risk shall constitute a general average.
This paper analyzes some issues as to requirements of general average in Korean Commercial Code by comparing the regulations of general average in Japan’s revised Commercial Code of 2018. This paper, also, offers some implications and suggestions for requirements of general average under Korean Commercial Code.
목차
Ⅰ. 서론
Ⅱ. 우리나라 상법상 공동해손의 성립요건
Ⅲ. 2018년 일본 개정상법상 공동해손의 성립요건
Ⅳ. 공동해손 성립요건의 재검토
Ⅴ. 결론
참고문헌
ABSTRACT
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UCI(KEPA) : I410-ECN-0101-2019-320-000517039