鹿特丹規則海運履行輔助人定義及責任之探討

The Study on the Definition and Liability of Maritime Performing Party under the Rotterdam Rules

海運履行輔助人之責任，自1954年喜馬拉雅輪案起，備受重視。1968年海牙威斯比規則及1978年漢堡規則皆對此予以明確規範，且逐步擴大適用範圍。鹿特丹規則在此趨勢下，對於海運履行輔助人之規範，更展現出獨特之思維。對於該新規定，本文以文義解釋法及沿革解釋法進行探究，針對海運履行輔助人定義及責任規範予以探究，提出其問題點之所在，並分析其值得借鏡之處。

Ever since the Himalaya case in 1954, the liability of Maritime Performing Party has been taken seriously. Hague-Visby Rules in 1968 and Hamburg Rules in 1978 have been clearly regulated and broadened for the liability of carrier's servant and agent. The Rotterdam Rules in 2009 has developed their own differences for the regulations of Maritime Performing Party. This article explores the Rotterdam Rules with the methods of legal interpretation and historical interpretation to find out the problems of the definition of Maritime Performing Party as well as to strict its liability.