Rights Of Control Of Goods By Sea Under FOB Terms

With the development of international trade, the international freight industry enters a new stage of rapid and flourishing development. Among China export trading business, quite a few contracts are made under FOB terms, which buyers take the responsibility for the transport of goods. Since sellers are not the party who sign the contract of freight, they have no any right to instruct the freight agent on the goods that have been transferred to buyers and lose control on goods during transportation, resulting in many trade fraud, releasing the goods without original bill of lading and other that harmful to buyers. In December 2008, United Nations Convention on Contract for the International Carriage of Goods Wholly or Partly by Sea, known as Rotterdam Rules was approved officially at United Nations General Assembly. Rotterdam Rules features many distinctive innovations in many rules and regulations, among which the establishment rights of control of goods by sea system not only filling the related legislation gap but also exerting profound influence on international freight. The author of the thesis mainly discusses the execution of rights of control of goods by sea from the perspective of Rotterdam Rules. The thesis is composed of three chapters.The first chapter mainly discusses the legal risks that sellers will suffer from under FOB terms in practice.The second chapter put forward feasible legal system and measures that are favorable to sellers combining the risks that they will suffer from under FOB terms.The third elaborates the laws and regulations of our country in the field of sea carriage from the angle of Contract Law and Maritime Law, as well as proposing suggestions on construction systems about rights of control of goods by sea combining the Rotterdam Rules.