The Law Problem Of The International Freight Forwarder And Its Liability Insurance

The traditional international freight forwarder is an old but a new concept which has been existing since 10 centry A.D.. It usually act as an agent in the scopes of freight, but today, its working connotation has taken place marked variety and presented the diversification with the characteristics that dual working function. Now, there is a very big difference in the law systems relating to the international freight forwarder and its liability insurance in international community, and also still neither international convention for the unification of certain rules of law relating to freight forwarder. Especially in our country, it is very not sound in the lawmaking relating to the international freight forwarder----there are neither specialized laws and regulations nor standard trading condition of an association in relating to international freight forwarder, and its liability insurance system is not starting too. It can't far and far adapt to the fast development of international freight forwarding industry. Accordingly, this dissertation is mainly to study and explore the law problem of international freight forwarder and its liability insurance system concerning the kind, law position, scope of duty and responsibility of risk as well as liability insurance etc.This dissertation primarily passes the law hermeneutic and the comparative law method to discuss the international freight forwarder's kind, law position, as well as risk and responsibility from its business and taxonomy, to induce and set up the relevant law system of the international freight forwarder and its liability insurance by making use of the basic theory of international agency and liability insurance's law systems, and at the meantime to study the liability insurance system of our country's international freight forwarder. This dissertation is constructed into 4 chapter which is abstracted as follows.Chapter one is an introductory which gives an analysis and summary to basic concept of the traditional international freight forwarder. This chapter examines the various definitions, the business's scope and the nature of the traditional international freight forwarder. The original international freight forwarder is a commission agent. The traditional standpoint considers that it acts the agent's role in the scopes of freight. Now its concept and working connotation has taken placed radical variety, which sometime does as a party of contract besides acting as an agent. So far, there is not still the uniform definition which can be generally accepted , and it's title is not same in every country too. But in the mass, it has evolved from a middleman to a carrier and it has the dual position, namely agent and party. Its operation is very extensive, which can be classified to the diverse sorts by territory, scope of authorization(region or business) , legal power, method of conveyance , character of business, as well as action and role of forwarding etc.Chapter two is about law position and 1iability of the international freight forwarder. The chapter gives a comparison to the basic theory of agency law in the common law family and in the civil law family, and explores status, risk, 1iability, limitation of liabilities and except liabilities of an international freight forwarder by means of the comparative law . The author considers that the international freight forwarder's law position, 1iability along with its limitation of liabilities and except liabilities are made sure according to the concrete fact and its nation's law.Chapter three is a study of the law system of the international freight forwarder's liability insurance. The chapter explores insurance law and regulation and the basic jurisprudence of liability insurance, and then gives an analysis and expatiation to its relevant law problem thereunder the international freight forwarder's peculiarity. The author proposes that the international freight forwarder should choice limited liability insurance cover, full legal liability insurance cover,...