Study On Right To Appeal Of FOB Seller For Shipper

FOB trade is commonly used in China's foreign trade, as the special nature of FOB,FOB seller is in a special place in trade.The protection of the FOB seller is in the imperfect state in practice. China is a major exporter,she often plays role of FOB seller,so we need to clarify our ideas to improve the protection of the FOB seller and its interests.The protection of FOB seller can take many kinds of forms, there is no uniform understanding of right to appeal of FOB seller and also do not form protection mechanisms of it, therefore, this paper analyzes and sorts the problems of FOB seller's right to appeal.I hope the right to appeal of FOB seller to become clear and easy to operate and propose the advice on the construction of it while our maritime law is amending.This total is divided into four chapters, for disadvantaged of FOB seller,by comparing, the paper analyzes the specific circumstances and recommendations of the right to appeal of FOB seller, specifics as follows:The first chapter simply introduces the meaning of the right to appeal and its history in Civil Procedure, and describes the status of theory and practice of the right to appeal of FOB seller in China. By analyzing,we come to the conclusion that the seller should be given the right to appeal, the paper also analyzes the rationality and legitimacy of it.Chapterâ…¡andâ…¢is the main part of the article, the part mainly discuss the right to appeal of FOB seller while he in different status, is vision of author on the mechanism of right to appeal of FOB seller and wish to straighten out the ideas and protection of it. The paper analyse the right to appeal of FOB seller and its specific nature when he is the legal shipper and bill of landing holder.This mainly on if the FOB seller exercise the right to appeal face disadvantages.In the last chapter, is on the right to appeal of FOB seller against statusquo, and put forward legislative proposals on this issue.This is only a superficial view of the author, and sincerely hope to get professional correction in academia.