Study On The Seller's Right Of Control Under The Conditions Of FOB

International trade fraud in the FOB contracts attracts wide attention and there are lots of related articles. This at least shows that the study of this issue is meaningful, and at the same time that it is also difficult to innovate. During the study of the Draft convention on the carriage of goods [wholly or partly][by sea] being formulated by the Third Group of UNCITRAL, the writer found out the cause of the sellers'trade risk in the FOB contracts is that they have lost the right of control on the goods too early. Then, the writer began to think about studying the issues of contacting the Right of Control and FOB terms. There are no regulations of Right of Control in China's maritime law and it is many scholars'desire to write Right of Control into China's maritime law. Results may be better if both of the Right of Control and FOB terms are considered in the process of the legislation.In the first chapter of this article, the author briefly introduces the related conceptions, including the Right of Control, the meanings and features of FOB terms. In the first sector of this chapter, the author specifies the purposes and the features of the Right of Control with the comparison of the Right of Control and the Right of Stoppage in Transit. Thus the importance of the Right of Control to the sellers of FOB contracts is showed. In the second sector of this chapter, the author analyses the trade fraud in the FOB contracts on the basis of the introduction of the features of FOB term so as to specify the truth that the crux of their risk is due to the sellers in the FOB contracts who have lost the control of goods too early before the receipt of payment for goods.Chapter 2 and chapter 3 are the emphases. The author discusses the sellers'Right of control on the condition of FOB mainly by the following way of having introduced two institutions. The first one is the Right of Control and the second one is bill of lading, and the close connection between the contract of international sale of goods and the contract of carriage of goods by sea is also introduced here. In chapter 2, on the one hand, the author proves that the sellers in the FOB contracts should be entitled the Right of Control from the aspect of the system designing of the FOB term and the Right of Control. On the other hand, the author proves that the sellers shouldn't be eliminated from the parties of the contract of carriage of goods by sea from the aspect of the discussion on the carriage contract. Thus the reasons which are against the sellers'Right of Control can't be established. In chapter 3, the author discusses how to guarantee the sellers'Right of Control from the aspect of issuance and record of bill of lading and thus an conclusion can be driven that the sellers in the FOB contracts have the right to obtain the bill of lading issued by actual carrier and their identity of'shipper shall be indicated on the bill of lading.In chapter 4, the author puts forward some suggestions to the related legislation in China on the basis of previous discussion.