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A Study On The Legal Relationship Of International Freight Forwarder In China

Posted on:2007-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y H CaiFull Text:PDF
GTID:2166360212957987Subject:International law
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International freight forwarder industry in our country is developing fast with China's entry into WTO and the speedily increased international trade of goods. International freight forwarder, having been playing an important role as a bridge between international trade and international transportation, has nowadays become one of the major industries at home and abroad alike. In the course of its fast development, international freight forwarder, in order to compete in the severe market by providing more excellent service for their clients, has began enlarging their business scope, working as a participant in the contract of carriage instead of as merely an agent, making the connotation of international freight forwarder change substantially.The administrative laws and regulations of our country concerning this industry make it lawful for the international freight forwarder to act as both a NVOCC (Non-Vessel-Operating-Common-Carrier) and MTO (Multymodel Transport Operator). Since there is no specific binding civil law having been enacted, it is far from being enough and perfect for the administrative laws and regulations, with their lack of consistency, to govern the complicated legal relationship of international freight forwarder. This fact accounts for the complexity and uncertainties of the legal relationship of the international freight forwarder, arising from the irregular operation of international freight forwarder.The dissertation focuses on the study of the legal relationship of international fright forwarder when serving as an agent and as a participant in the contract of carriage. By citing many cases, the paper points out the complexity and uncertainties of the legal relationship of international freight forwarder with other participants, aiming to make international freight forwarder to draw lesson from these cases. It also puts forward the ways for international freight forwarder of how to make definite and clear its legal relationship with other participants, together with the author's opinion about the ground for judging legal relationship.The purpose of this dissertation is to make the international freight forwarder industry in our country to grow sustainably and healthily.The dissertation falls into four chapters.The first chapter dates back to the origin and development of the industry, especially that in our country and refers to the definition of international freight forwarder so as to have a better understanding of the reason for the complexity from a historical perspective.The second chapter mainly makes an analysis of the legal status of international freight forwarder under the legal framework of our country, legal identity having been classified into two, one as an agent, the other as a participant in contract of carriage.The third chapter focuses on the legal problems of freight relating to forwarder as an agent. Through the quotation of judicial cases, the paper points out the possibility of uncertainties in the legal relationship of international freight forwarder, aiming to make international freight forwarder to draw lessons from these cases. It also puts forward the ways for the international freight forwarder of making definite and clear its legal relationship with other participants when acting as an agent, together with the author's opinion about the ground for judging legal relationship of agency.The fourth chapter discusses the legal problems relating to a freight forwarder as a participant in contract of carriage. Through the quotation of judicial cases, the paper speaks of the possibility of uncertainties of the legal relationship of international freight forwarder, aiming to remind international freight forwarder to learn his lessons from these cases. It also puts forward the ways for the international freight forwarder of making definite and clear its legal relationship with other participants in a contract of carriage, along with the author's own ideas about the basis for judging legal relationship in a contract of carriage.
Keywords/Search Tags:international freight forwarder, legal status, legal relationship, rights, obligation
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