A Study on the Limitations of Trade Terms in the Situtations of Kobe Earthquake -with a Special Reference to Marine Insurance-

고배대지진에 기인한 정형거래조건의 문제점

C.I.F. and F.O.B. contracts are the chief terms used in international trade contracts. But, in recently, the multimodal transport which is based on the containerization and the improvement of air transport has been grown gradually, Regardless of theese change in international trade environment, most of the contract of sale is made by C.I.F. and F.O.B. contracts which are based on the traditional port to port transport. In other words, there are some limitation in terms of legal base in which traditional C.I.F. and F.O.B. contract is applied to the changed environment. Especially, problems arised in marine insurance which export by F.O.B. trade terms. Therefore, when the parties of the contracts of sale make an sale contracts by using the container ship and Multimodal Transport, they should use the F.C.A. and C.I.P. contracts Instead of F.O.B. and C.I.F. contracts for the transport of goods. And parties of the contracts of sale need to gain a better understanding of the characteristic of F.C.A. and C.I.P. terms and the problem of the F.C.A. and C.I.P. contracts used in the performance on international multimodal transport.

본 연구에서 살펴본 바와 같이 컨테이너 운송의 경우 보험단보의 공백구간에서 발생하는 위험을 회피하기 위해서는 운송인 책임의 개시와 위험의 이전시기가 일치되어 있는 컨테이너 정형무역거래조건을 이용해야 한다고 사료되어진다.