International Freight Forwarder To Identify The Problem Of Identity

Concerning the meaning of the freight forwarder, there is no common and uniform definition, diffenrent countries have different names, in our country, we call it "freight forwarder". The freight forwarder appears as different legal identities in various legal relationship of the international transportation, taking on the corresponding responsibilities. Therefore, it is also called "chameleon ".This dissertation includes five chapters. The first chapter makes an analysis on the case—Huihua Company v.Bairuite Company. In this case, the main focus is whether there is a relationship of authorized representation contract between them, as the plaintiff didn't decide the freight forwarder and the corresponding responsibilities correctly ,and the defendant has no fault, the plaintiff file a lawsuit against the defendant falsely, required him to take on the responsibility, as a result, the plaintiff failed. Therefore, distinguishing the freight forwarder accurately is very important.The second chapter focuses on the background and the reason of the distinguishing of freight forwarder's identity. With the development of the international transportation, the freight forwarder has enlarged its operating scope and developed to be NVOCC and multi-modal transport operator from traditional Freight Forwarder whose responsibility was only as an agent. It also deals with the paractically important role of the distinguishing of freight forwarder. How to distinguish the legal identities of the freight forwarder is very important for the owner,the carrier and the other parties in the legal dispute of the agent business. It is also the key step for the court to decide the compensantion .The third chapter makes analysis on different legal identities of the freight forwarder and their corresponding responsibilities. In all the scopes of the forwarding business, there are mainly three kinds of business, one is the forwarding business, and the other is the NVOCC business and multi-modal transport operator. (as an independent operator)Chapter four focuses on how to distinguish its legal status. There is not any way of identifying its status that is applicable to all situations; the only proper way is to depend on circumstances. However, the following factors should be taken into consideration, and take the priorities, that is the provisions of the contract, relevant customs and practices, the way of the income the freight forwarder collects etc.The final chapter make an analysis of the current legal system of the freight forwarder, and put forward some suggestions to meet the requirements faced by the the different parties and the court, hoping to exert a little help in settling the confusion of freight forward'identities.