Sea Freight Agent Of Civil Legal Relations

With the development of the international trade and international transportation, Freight Forwarder has enlarged its operating scope and developed NVOCC from traditional Freight Forward whose responsibility is as an agent.In regulations, namely Detailed Rules and Regulation on Management of Freight Forward by Sea of P.R.C and its Enforcement Regulations issued by the Ministry of Foreign Economic and Trade, developed the definition and regulated that Freight Forward acts as not only an agent but also an independent operator. Besides Regulations on International Maritime Transport of the People's Republic of China provides the position of NVOCC.Laws and regulations as to international Freight Forward give first place administrative legal relationship to civil legal relationship. The effect of administrative laws and regulation is limited during the process of trial. It is important to understand the legal status of the Freight Forward to deal with the legal problem on Freight Forward. So firstly lecture expounds the legal status of Freight Forward, which contributes to understand the liability, and right in the civil legal relationship of Freight Forward.Before Contract Law becoming effectives, only General Rule of the Civil Law principally regulated the civil legal relationship between Principle, Agent and the Third party. Agent law in our country, distinguishing mandate from authority, does not admit the acts of Freight Forwards done by its own name and makes difficulty in regulating definitely the liabilities and rights of Freight Forward. Contract Law introduces the Anglo-American conception of partially disclosed principal and undisclosed principle to solve the problem.The civil legal relationship between Freight Forward, Principle and the Third Party was stipulated by civil law and contract law .Thelecture lays the emphasis on trust contract; trust relationship and each party's liability.Freight Forward acting as an independent operator, concerning practical condition included two contract and two bills of lading. The lecture places the emphasis on civil legal position of NVOCC by determining the nature of NVOCC and Bill of Lading issued by NVOCC. At the same time lecture provides my own opinion that Limited Liability of NVOCC and Lien Right, which did not provided in Maritime Law. The lecture gives work form legal status to discuss the civil legal relationship under different identity. It aims at reducing the operating risk, improving the service level and directing the enterprise operating activities.Yang Hongyan (International Law) Directed by Yin Dongnian...