Research On International Freight Forwarders

The International Freight Forwarders are the inevitable outcomes of the international merchandise circulation and indispensability part of the international trade. Since the market opening from year 1988, this profession shows quick rising. Enter 21 centuries, a new profession- the modern logistics provides good opportunity for the development of the International Freight Forwarders, the modern logistics expands to a lately important growth point. Along with the function strengthened gradually, controversy also increases. The business management scope extension and complication makes its law position break the traditional meaning. Different law position will lead the law responsibility variety, so identify it is a basic premise to solve dispute of international goods, and also an essential condition to join the fierce competition actively and successfully.The legal relationship of the International Freight Forwards is derived from the agency system in Civil Law. The International Freight Forwarders in traditional definition are not "conveyance party",who only do simplex agency action. In China, International Freight Forwarders cannot be generalized completely with agency. Concretely, they're agency when named as client (customer); they're broker when act with their own name. At the same time we still to notice that, along with the development of container shipping and the pressure from clients, many International Freight Forwarders break away from middleman body and take responsibility as carrier. That is to say, when the International Freight Forwarders act with own name, they can be broker or carrier. In practice, we should distinguish by operation and identify by law.Regardless the International Freight Forwarders act with what name, the relationships with other parties are all based on contracts, that is, the contract relation is the foundation legal relation. In Accordance with different status that includes three different contracts. According to the contract foundations, we know that different contract relations make the main body hold different positions, rights, duties and responsibilities, therefore, the International Freight Forwarders usually be placed in different legal relationships.In international trade, if the buyer can't implement the contract, the seller who has already delivered the goods would loss. Usually, all countries set the Right of Stoppage in transit provision in business law; the sellers can invoke it to relieve the loss. The Right of Stoppage in transit is a kind of right in business contract which must take control of goods. But in international trade, goods are not usually directly consigned to the buyer, but pass to the carriers. According to the relativity principle of contract, carriers are not the party concerned in business contract, which are free from the control of business contract. They accept indication based on transportation contract and law. In this condition, the Right of Control under the transportation contract becomes a more effective measure. Carriers are the obligor of the Right of Control, so when the International Freight Forwarders act as carriers, they should pay attention to some regulations under the system of the Right of Control.Combined with current relevant law system about the International Freight Forwarders, there are not uniform international convention have become effective. In China, we haven't draw up special law, in addition to some regulations promulgate by the State Department and its ministries. In comparison, the regulations about the legal position of the International Freight Forwarders in the United States and Germany are more detailed. The standard trade condition model for painting which recommended by the FIATA is not only standardization, recognition, authority and rationalization, also easy for both parties to implement and inspect the performance mutually. They are standard items in the contract concluded by the International Freight Forwarders and their clients. We can use it for reference while draw up our own standard trade condition. Moreover, along with the market opening, the law consciousness of both enterprise and employee also should promote, and also put forward higher request to the related law staffs. In judicial judgment practice, the judicial personnel should face the new situation; make right verdicts after overall analysis and lucubrating. In conclusion, we should perfect all legislation and system to match the actuality and keep up with its development and have certain prospect.