From the View of Court’s Judgment to Discussthe Issue of Law Involving WarehousingContract of Distribution Center.

• Main Authors: Cai-Zong Zhe, 蔡宗哲
• Other Authors: Rui-Xing Zhang
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/85549887856401626373

碩士 === 南台科技大學 === 財經法律研究所 === 98 === From the early 20th century, logistics has been great changed with the effects of times and modernization. During the process of logistics, warehousing is a necessary stage. Since warehousing has been the pilot of modern logistics in the operation of distribution center, with the important position of “warehouse”, why the "Civil law Section 15 - Warehousing" has been only amended tiny once from it's made. By the way, this thesis tried to find out if there is some issue of appropriate of the legal rules of "warehousing". This thesis find some difficulties of the judge in the court of freight damage during warehousing stage with the issue of the judgment of Taiwan High Court Taichung Branch Court. Then compiled by data collection, indicating the provisions of the existing warehouse and the application of civil law and its rights and obligations, and to ask questions and suggestions:（1） Because warehouse and deposit are different types in practice, and their legal nature are also different, and the definition of warehousing is exile, so warehousing should not apply the rules of deposit.（2）Because of the modern logistics process is complexity and lack of uniform standard of liability, how to identify the cargo damage liability is very complicated. And the thesis propose the warehousing of the civil law should be amended to:（1）Specifically the definition of warehousing in the civil law, revise the “warehousing” as consensual contract, express the definition of warehouse hardware.（2）Specifically the rights and obligations of warehouseman, make the warehousing equipment an obligation of warehouseman. Allow warehouseman unpack, inspection, repackaging the cargo. Expressly make the warehouseman. compensation claims.（3）Simplify the confirmation of responsibility: To have the ability to simplify the responsibility of proper storage and multiple delivery operation under a single responsibility.