선장의 운송물 처분권한

초록

The characteristics of the maritime business, "the isolation and the high risk of the vessel at sea", persists regardless of time and due to such characteristics, the commercial law has always been approving the right of the master to dispose of the cargo onboard. The master has the right to dispose of the cargo for the ship owner, the right to dispose of cargo for the party interested, the right to dispose of dangerous and illegal cargo and the right to dispose of general average. These are the rights given to the master by the law for emergency management. Disposal of the cargo to pay for the cost needed to continue navigating is in the interest of the ship owner. Therefore, the party interested of the cargo who have suffered a loss due to the disposal may claim for reimbursement. The act of disposal by the master, a legal representative of the party interested, is an execution of his/her right given by the law. Therefore, according to the article 776 of the Commercial Law, the legal consequences of the master's act also belong to the party interested, whether it was a legal action or a fact. Considering that the disposal of dangerous cargo is an abnormal act and a costly act at a time of danger, the carrier may claim to the shipper the amount equivalent to the highest fare for the kind of the cargo. In principle, the responsibility to cover the loss occurred as the result of disposal of general average should be divided equally among the ship owner and all the parties interested comprising the "community at risk".

키워드