독일 해상법을 한국에 소개하는 것을 이 책의 목표로 삼았다. 그 수단으로 독일 해상법을 대강이나마 먼저 소개하는 것을 시작으로 하여 독일 해상법 법전을 그 개정 과정과 함께 번역하여 놓았다.
독일 상법이 우리나라 상법에 많은 영향을 미쳤다는 것은 주지의 사실이다. 독일 상법 내에 포함되어 있는 독일 해상법도 우리 해상법에 많은 영향을 미쳤음은 물론이다. 그리하여, 비록 독일 해상법이 오늘날 세계적인 시각에서 볼 때에 많은 발전을 이룩한 국제적인 선도적 입법은 아니지만, 우리나라 해상법을 이해하려면 독일 해상법을 이해하지 않으면 안 된다.
수상 도서
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제공 파일: PDF
ISBN: 9788984117013
전자책 정가: 45,000원
ISBN: 9788984117013
전자책 정가: 45,000원
2017년 대한민국학술원 선정 우수학술도서
차 례
독일 해상법 해설
제1 독일 국가의 형성 ······································································· 3
제2 독일 해상법의 배경과 형성 ·························································· 9
제3 독일 해상법의 성립과 구성 ························································· 17
제4 해상기업의 조직 ······································································· 27
제5 해상운송에 관한 규정 ································································ 35
제6 해상위험에 관한 규정 ································································ 38
제7 기 타 ······················································································ 44
1861년 독일 상법
제5편 해 상 ··················································································· 49
제1장 일반 규정 ············································································· 49
제2장 선주 및 선박공유 ···································································· 55
제3장 선 장 ················································································· 69
제4장 해 원 ················································································· 91
제5장 화물운송을 위한 운송계약 ······················································ 105
제6장 여객운송계약 ······································································ 157
제7장 모험대차 ············································································ 161
제8장 해 손 ··············································································· 173
제1절 공동해손과 단독해손 ·························································· 173
제2절 선박충돌로 인한 손해 ························································· 191
제9장 해난에서의 구조와 원조 ························································· 193
제10장 선박채권자 ······································································· 199
제11장 해상보험 ·········································································· 213
제1절 총 칙 ············································································ 213
제2절 계약체결 시 고지의무 ························································· 227
제3절 피보험자의 의무 ································································ 231
제4절 위험의 범위 ····································································· 235
제5절 손해의 범위 ····································································· 257
제6절 보험금의 지급 ·································································· 273
제7절 보험의 소멸과 보험료의 반환 ················································ 279
제12장 시 효 ············································································· 283
1897년 독일 상법 [1897-2012]
제4편 해 상 ················································································· 289
제1장 총 칙 ··············································································· 289
제2장 선주와 선박공유 ·································································· 293
제3장 선 장 ··············································································· 323
제4장 화물운송을 위한 운송계약 ······················································ 361
제5장 여객운송을 위한 운송계약 ······················································ 439
제6장 모험대차 ············································································ 445
제7장 해 손 ··············································································· 455
제1절 공동해손과 단독해손 ·························································· 455
제2절 선박의 충돌로 인한 손해 ····················································· 479
제8장 해난에서 구조 및 원조 ··························································· 487
제9장 선박채권자 ········································································· 517
제10장 항해의 위험에 대한 보험 ······················································ 537
제1절 총 칙 ············································································ 537
제2절 계약체결 시 고지의무 ························································· 553
제3절 보험계약에 기한 피보험자의 의무 ·········································· 559
제4절 위험의 범위 ····································································· 563
제5절 손해의 범위 ····································································· 589
제6절 보험금의 지급 ·································································· 603
제7절 보험의 실효와 보험료의 반환 ················································ 611
제11장 시 효 ············································································· 617
2013년 개정된 1897년 독일 상법
제5편 해 상 ················································································· 627
제1장 해상운송 인원 ····································································· 627
제2장 운송계약 ············································································ 629
제1절 해상물품운송계약 ······················································ 629
제1관 개품운송계약 ································································· 629
제1항 총 칙 ·········································································· 629
제2항 화물의 멸실 또는 훼손에 대한 책임 ···································· 649
제3항 운송증서 ····································································· 661
제2관 항해용선(운송)계약 ························································· 675
제2절 해상여객운송계약 ······························································ 681
제3장 선박인계계약 ······································································ 697
제1절 선체용선(선박임대차) ························································· 697
제2절 정기용선 ········································································· 699
제4장 해 난 ··············································································· 703
제1절 선박충돌 ········································································· 703
제2절 해난구조 ········································································· 705
제3절 공동해손 ········································································· 721
제5장 선박채권자 ········································································· 727
제6장 시 효 ··············································································· 731
제7장 포괄적 책임제한 ·································································· 737
제8장 절차 규정 ··········································································· 745
독일 해상법 해설
제1 독일 국가의 형성 ······································································· 3
제2 독일 해상법의 배경과 형성 ·························································· 9
제3 독일 해상법의 성립과 구성 ························································· 17
제4 해상기업의 조직 ······································································· 27
제5 해상운송에 관한 규정 ································································ 35
제6 해상위험에 관한 규정 ································································ 38
제7 기 타 ······················································································ 44
1861년 독일 상법
제5편 해 상 ··················································································· 49
제1장 일반 규정 ············································································· 49
제2장 선주 및 선박공유 ···································································· 55
제3장 선 장 ················································································· 69
제4장 해 원 ················································································· 91
제5장 화물운송을 위한 운송계약 ······················································ 105
제6장 여객운송계약 ······································································ 157
제7장 모험대차 ············································································ 161
제8장 해 손 ··············································································· 173
제1절 공동해손과 단독해손 ·························································· 173
제2절 선박충돌로 인한 손해 ························································· 191
제9장 해난에서의 구조와 원조 ························································· 193
제10장 선박채권자 ······································································· 199
제11장 해상보험 ·········································································· 213
제1절 총 칙 ············································································ 213
제2절 계약체결 시 고지의무 ························································· 227
제3절 피보험자의 의무 ································································ 231
제4절 위험의 범위 ····································································· 235
제5절 손해의 범위 ····································································· 257
제6절 보험금의 지급 ·································································· 273
제7절 보험의 소멸과 보험료의 반환 ················································ 279
제12장 시 효 ············································································· 283
1897년 독일 상법 [1897-2012]
제4편 해 상 ················································································· 289
제1장 총 칙 ··············································································· 289
제2장 선주와 선박공유 ·································································· 293
제3장 선 장 ··············································································· 323
제4장 화물운송을 위한 운송계약 ······················································ 361
제5장 여객운송을 위한 운송계약 ······················································ 439
제6장 모험대차 ············································································ 445
제7장 해 손 ··············································································· 455
제1절 공동해손과 단독해손 ·························································· 455
제2절 선박의 충돌로 인한 손해 ····················································· 479
제8장 해난에서 구조 및 원조 ··························································· 487
제9장 선박채권자 ········································································· 517
제10장 항해의 위험에 대한 보험 ······················································ 537
제1절 총 칙 ············································································ 537
제2절 계약체결 시 고지의무 ························································· 553
제3절 보험계약에 기한 피보험자의 의무 ·········································· 559
제4절 위험의 범위 ····································································· 563
제5절 손해의 범위 ····································································· 589
제6절 보험금의 지급 ·································································· 603
제7절 보험의 실효와 보험료의 반환 ················································ 611
제11장 시 효 ············································································· 617
2013년 개정된 1897년 독일 상법
제5편 해 상 ················································································· 627
제1장 해상운송 인원 ····································································· 627
제2장 운송계약 ············································································ 629
제1절 해상물품운송계약 ······················································ 629
제1관 개품운송계약 ································································· 629
제1항 총 칙 ·········································································· 629
제2항 화물의 멸실 또는 훼손에 대한 책임 ···································· 649
제3항 운송증서 ····································································· 661
제2관 항해용선(운송)계약 ························································· 675
제2절 해상여객운송계약 ······························································ 681
제3장 선박인계계약 ······································································ 697
제1절 선체용선(선박임대차) ························································· 697
제2절 정기용선 ········································································· 699
제4장 해 난 ··············································································· 703
제1절 선박충돌 ········································································· 703
제2절 해난구조 ········································································· 705
제3절 공동해손 ········································································· 721
제5장 선박채권자 ········································································· 727
제6장 시 효 ··············································································· 731
제7장 포괄적 책임제한 ·································································· 737
제8장 절차 규정 ··········································································· 745
저 자 채 이 식(蔡 利 植)
1949년 경북 상주 출신으로 고려대학교 법과대학을 졸업하였다. 이후 변호사로 활동하다가 런던대학교에서 해상법을 공부한 후 한국인 최초의 영국변호사가 되었다. 이후 20여 년간 고려대학교 법과대학에서 해상법을 강의하였다. 1995년에는 1년간 미국 코네티컷 대학에서 미국해상법을 연구하였고, 1999년 및 2003년에 각각 8개월씩 프랑스 엑스-마르세유 대학에서 프랑스해상법을 연구하였고, 2006년 스페인 마드리드 까르로스 3세 대학에서 8개월 동안 스페인해상법을 연구하였고 또 2014년에는 독일 베를린 대학에서 해상법을 연구하였다. 고려대학교 법과대학장 및 한국해법학회 회장을 역임하였고, 법무부 상법(해상편) 개정위원회 위원장으로 2007년 현행 상법 해상편의 개정을 주도하였고, 현재도 법무부 상법(해상보험) 개정위원회 위원장으로 상법 중 해상보험법의 개정을 주도하고 있다. 2005년부터 5년간 국제해사기구(IMO) 법률위원회 의장으로 세계해사조약을 총괄한 바 있으며, 2010년부터 고려대학교 법학전문대학원 초대 원장을 역임했고, 현재 동 법학전문대학원의 명예교수로 집필에 전념하고 있다.
1949년 경북 상주 출신으로 고려대학교 법과대학을 졸업하였다. 이후 변호사로 활동하다가 런던대학교에서 해상법을 공부한 후 한국인 최초의 영국변호사가 되었다. 이후 20여 년간 고려대학교 법과대학에서 해상법을 강의하였다. 1995년에는 1년간 미국 코네티컷 대학에서 미국해상법을 연구하였고, 1999년 및 2003년에 각각 8개월씩 프랑스 엑스-마르세유 대학에서 프랑스해상법을 연구하였고, 2006년 스페인 마드리드 까르로스 3세 대학에서 8개월 동안 스페인해상법을 연구하였고 또 2014년에는 독일 베를린 대학에서 해상법을 연구하였다. 고려대학교 법과대학장 및 한국해법학회 회장을 역임하였고, 법무부 상법(해상편) 개정위원회 위원장으로 2007년 현행 상법 해상편의 개정을 주도하였고, 현재도 법무부 상법(해상보험) 개정위원회 위원장으로 상법 중 해상보험법의 개정을 주도하고 있다. 2005년부터 5년간 국제해사기구(IMO) 법률위원회 의장으로 세계해사조약을 총괄한 바 있으며, 2010년부터 고려대학교 법학전문대학원 초대 원장을 역임했고, 현재 동 법학전문대학원의 명예교수로 집필에 전념하고 있다.
