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A Review on the Consignee's Obligation to Accept Delivery of the Goods with the Carriage of Goods by Sea

  • DONG-A LAW REVIEW
  • 2013, (61), pp.195-221
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

JUNG-WON LEE 1

1부산대학교

Accredited

ABSTRACT

Even though article 802 of the Korean Commercial Code(hereunder KCC) envisages the consignee is obliged to accept delivery of the goods upon receiving arrival notices from the carrier, it is arguable for the consignee who was bilaterally appointed by the shipper to be obliged to accept delivery of the goods. For the interpretation of KCC, any person who has claimed for the delivery of the goods to the carrier shall be charged to accept delivery. However in certain circumstances we can concede that the consignee may have obligation to receive the goods according to article 802 of KCC, it should be regarded that the provisions of KCC which deal with the consignee's duty of acceptance of the goods do not have legal effects due to not only lack of enactment of the lower statute, also invalidness of the provisions. In this regard, the Rotterdam Rules which have detailed provisions on the matters of delivery of the goods may have good reasons to study from the legislative standpoint. As article 43 of the Rotterdam Rules declares the consignee's duty to accept delivery, article 48 further states definition of the goods remaining undelivered and carrier's right to take actions for the execution of the goods remaining undelivered. Even though provisions of the Rotterdam Rules regarding the goods remaining undelivered has been made through world-wide studies and researches of local laws and customs of the shipping business, remedies for the goods remaining undelivered seems to be unsufficient for the protection of carrier's interests while the consignee rejects receiving goods or dose not accept delivery of the goods. Since remedies for the undelivered goods can vary to the local laws and customs where the goods are located, only actions stipulated in article 48 do not seem to ultimately solve any legal matters on the undelivered goods. For the balance of the local interests between the carrier and the consignee, however, it is urgently needed to review the local legal system including article 802 of KCC.

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