Research On Establishment Ofmarine Freight Forwarding Contract

In the judicial practice, the cognizance of the relation of freight forwarding contract has been a difficult problem in maritime judicial practice. Although specific definitions have been given to how to judge the legal relationship of freight forwarding contract in The Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases of Disputes over Marine Freight Forwarding which was passed on 9th Jan., disputes still remains on some issues of how to recognize sea freight contract relationship rules, while in view of the lack of direct evidence situation, and prefer to take together on the following issues, such as receiving note, invoices and other indirect evidence on the basis of the comprehensive measure, to carry on the subjective cognizance of the judge. Such kinds of cognizance is with big subjective and may result in different result although with similar case. To summarize, the author think that the legal relationship is the most important factor to make difference of a contract of carriage of goods by sea with marine freight forwarding contract, and it should not be the right way by using invoice manner to evade, and to avoid carrier's identity, escape the juristic act of obligation of the carrier responsibility. We should tell the essence through the phenomena, based on the relationship between the actual rights and obligations of the parties to the contract and make real judgment based on the nature of the legal relationship.