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공동해손의 규범성에 관한 연구
| DC Field | Value | Language |
|---|---|---|
| dc.contributor.author | 이호우 | - |
| dc.date.accessioned | 2017-02-22T05:50:12Z | - |
| dc.date.available | 2017-02-22T05:50:12Z | - |
| dc.date.issued | 2009 | - |
| dc.date.submitted | 56907-01-30 | - |
| dc.identifier.uri | http://kmou.dcollection.net/jsp/common/DcLoOrgPer.jsp?sItemId=000002174609 | ko_KR |
| dc.identifier.uri | http://repository.kmou.ac.kr/handle/2014.oak/8666 | - |
| dc.description.abstract | 이 연구는 海商法, 國際協約, 海上運送契約, 英國海上保險法, 英國海上保險約款, 요크-앤트워프 규칙을 대상으로 “船舶의 海上航行에 수반되거나 積荷에 생기는 모든 손해중 해상에서 통상적으로 예견되지 않는 항해상의 사고시 선박 및 적하의 共同危險을 면하기 위해 船長이 船舶 또는 積荷에 대하여 처분을 하므로써 발생되는 희생손해 및 비용손해를 이해관계자들이 분담한다.”는 공동해손제도에 대하여 각 법률과 규칙, 약관상 어떻게 규정되어 있는지 알아보고, 그 규정된 사항들이 어떠한 특성을 포함하고 있는지를 비교, 분석하여 공동해손에 대한 기본적이고 통일적인 기준을 제시하고자 하였다. 이를 위해 海商法, 英國海上保險法, 英國海上保險約款, 요크-앤트워프 규칙상 공동해손 규정에 대하여 공동위험․ | - |
| dc.description.abstract | 분석을 서술적인 방법으로 논거 하였다. | - |
| dc.description.abstract | 잔존의 네가지 공동해손 성립요건과 효과를 기준으로 각 규정, 이론서, 학술논문 등 각종문헌을 통한 비교․ | - |
| dc.description.abstract | 희생과 비용손해․ | - |
| dc.description.abstract | 처분․ | - |
| dc.description.tableofcontents | Abstract 第1章 序 論··························································1 第1節 硏究의 目的··················································1 第2節 硏究의 範圍와 方法···········································2 第2章 共同海損의 槪念과 本質··········································5 第1節 共同海損의 槪念··············································5 1. 海上運送法上의 槪念··········································5 2. 海上保險法上의 槪念··········································9 第2節 共同海損의 本質·············································13 1. 共同海損의 基本的 理念······································13 2. 學說의 對立·················································19 3. 法的 性質···················································25 第3節 小 結·······················································27 第3章 共同海損의 解釋上의 問題······································29 第1節 共同海損의 成立要件·········································29 1. 商法의 成立要件 ············································29 2. 英國海上保險法 및 海上保險約款上의 成立要件 ················31 第2節 共同海損의 效果·············································41 1. 商法의 效果·················································41 2. 英國海上保險法 및 海上保險約款上의 效果 ····················44 第3節 小 結·······················································49 第4章 요크-앤트워프 規則의 規範性과 適用 問題·······················53 第1節 요크-앤트워프 規則의 意義와 沿革···························53 1. 意 義 ······················································53 2. 沿 革 ······················································57 - ii - 第2節 요크-앤트워프 規則上 共同海損의 成立要件···················64 1. 共同 海上財産을 威脅하는 共同危險의 存在····················64 2. 故意의 共同海損 行爲인 處分·································67 3. 故意的인 犧牲과 費用의 發生·································68 4. 船舶 또는 積荷의 殘存·······································76 第3節 요크-앤트워프 規則上 效果··································77 1. 共同海損 犧牲 當事者········································77 2. 共同海損으로 保存된 當事者··································78 3. 精算 및 損害額과 分擔金 算定································79 4. 時 效·······················································80 5. 立證責任····················································81 第4節 요크-앤트워프 規則의 規範性과 法規性의 限界················82 1. 요크-앤트워프 規則의 規範性································82 2. 國際的 統一法規 制定의 必要性·······························88 第5節 小 結·······················································90 第5章 共同海損 制度의 改善方案······································93 第1節 解釋論的 改善方案···········································93 1. 共同海損의 基本理念 및 本質에 관한 解釋 ····················93 2. 共同海損의 成立要件에 대한 解釋 ····························96 第2節 國際的 統一規則의 立法論的 基準 提示·······················104 1. 요크-앤트워프 規則의 國際協約化 基準 提示·················104 2. 現行 商法의 立法論的 提言··································108 3. 기타 共同海損에 대한 立法論的 提言 ························112 第6章 結 論························································115 참 고 문 헌 ·························································122 | - |
| dc.language | kor | - |
| dc.publisher | 한국해양대학교 | - |
| dc.title | 공동해손의 규범성에 관한 연구 | - |
| dc.type | Thesis | - |
| dc.date.awarded | 2009-02 | - |
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