The Fob Term Contract Exploration, Trade And Transport-related Legal Issues

FOB is one of most important international trade terms. The goods in international trade mostly are carried by sea from one port to another port. This dissertation mainly discusses some law problems, which was occurred when the FOB contract is concerned to the contract of carriage of goods by sea.According to International Rules for the Interpretation of Trade Terms, the buyer undertakes the duty to nominated the ship and the seller put the goods on board. English justice summarized there are at least three types FOB contract. In the first, or classic type, the buyer nominated the ship and the seller put the goods on board for the account of the buyer, procuring a bill of lading. The seller was a party to the contract of carriage and if he had taken the bill of lading to his order, the only contract of carriage to which the buyer could become party was that contained in or evidence by the bill of lading which was endorsed to him by the seller. The second type is a variant of the first, in that the seller arranges for the ship to come on the berth, but the legal incidents are the same. The third is where the seller puts the goods on board, takes a mate's receipt and give this to the buyer who then takes a bill of lading. The buyer was a party to the contract.In Hamburg Rules and China Maritime code (CMC), two types of shipper were defined. Both the buyer and the seller in FOB contract are shipper according to the definition of shipper in CMC. A variety of questions arise in the practice since the shipper and the consignor exit simultaneously on FOB contract. Meanwhile whether owns the seller's title to suit against the carrier under the FOB contractThis dissertation analyses the relation between the carrier and the twoparties in FOB contract. These years, deal risk to Chinese seller is increasing in FOB contract. In the fourth chapter, the writer aims at this phenomenon, analyses some reason, and gives some advice.