A Comparative Study on Legal Background about Transfer of Title in Bill of Lading and BBL

선하증권(船荷證券)과 Bolero Bill of Lading의 권리이전법리(權利移轉法理)에 관한 비교고찰(比較考察)

The main issue relating to electronic bill of lading is to develop the system in which can transfer the title to the goods by electronically, and to support effect of electronic transfer of title by law. BBL, electronic bill of lading being operated by bolero, provides technical devices to that purpose, but current law is not recognize the effect of transfer of title by electronic communication because BBL is different from paper bill of lading naturally. For that reason Bolero has resolved the problem by Rulebook which is multilateral agreement contracted between users and BAL. The Rulebook provides solution, so called, 'attornment' and 'novation'. So, The purpose of this study is to help in understanding BBL through comparison and analysis about the legal background of transfer of title by BBL based on 'attornment' and 'novation' with transfer of bill of lading based on a endorsement and delivery.