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Legal Status Of International Freight Forwarder

Posted on:2012-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y B ZhaoFull Text:PDF
GTID:2166330332997148Subject:International Law
Abstract/Summary:PDF Full Text Request
International freight forwarding industry is in international trade arising from an industry practice, with the development of international trade, international freight forwarding industry is also growing, from the traditional client took only the transport, customs development can operate multimodal transport operations, issue its own bills of lading, from the traditional development as an agent is only as non-vessel carrier, multimodal transport operators and third party logistics operators. The diversity of international freight agent makes a specific recognition that it matters in the implementation of the identity has become a problem, and it is recognized as an international freight forwarder international freight forwarder in determining the rights, duties, responsibilities and has important significance.This article is divided into five parts:The first chapter is an overview of the international freight forwarder. First introduced the international definition of international freight forwarders and international freight forwarder definition of evolution, to clarify with the development of international freight forwarders, and now if we use "international cargo agent " of the expression may not be very scientific. International Freight Forwarding Agent then clarified the issue of identification of the causes and the importance of this issue, the conclusion is to explore the identity of an international freight forwarder international freight forwarder to determine the rights, duties, responsibilities of great significance.The second chapter uses examples and induction, trying to determine the actual case to conclude international cargo agent should be taken into account several factors. In the first case, we can see that judging the international freight forwarder is not a simple thing, to the comprehensive analysis of many cases in order to reach the right conclusions. In the second case, the situation becomes more complex, international cargo agents and others entered into multiple contracts influence each other, then a contract can not be analyzed separately, but comprehensive analysis of the contents of the contract and the signing of several processes, Clarify the circumstances surrounding the whole thing, can the true identity of the international freight forwarder to make the right judgments.The third chapter discussed the methods of classification used in the accurate identification of international freight agent, the agents were discussed, as international cargo agent and independent business person the rights, duties, responsibilities, as independent operators can be divided into non-vessel carrier, multimodal transport operator, warehousing custodian, mixed operators.The fourth chapter from a new perspective of the international freight forwarder person as the legal status of the declaration. A declaration qualified international freight forwarder can be customs operations, customs agents on the one hand is an international freight forwarder one of the matters at this tiome in the principal international freight forwarder is among the legal relationship between equal entities, subject to the civil law adjustment; on the other hand, the declaration is an international freight forwarder to as the customs authorities to declare state of activities at this time of international freight forwarders and customs of inequality between the legal relationship between the main body, by administrative and criminal Adjustment of the law. International Freight Forwarding Agent in carrying out this activity gives rise to two legal relations, then the legal status of an international freight forwarder create confusion, legal liability is also not very clear. Therefore, the recognition of international customs freight forwarders as the legal status of person is important. This chapter was divided on this issue discuss the situation, were discussed with the principal international freight forwarders and customs have the legal status of relations and legal responsibilities.The fifth chapter is the law to improve the international freight forwarding proposals in an attempt to clarify the concept of an international freight forwarder, international freight forwarder on the choice of regulatory models and regulatory elements in the establishment and improvement recommendations to improve the international freight forwarding on the law system of reference.
Keywords/Search Tags:International freight forwarder agent, Legal status, Agents, NVOCC, MTO
PDF Full Text Request
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