On The Legal Status Of Air Freight Forwarders From The Perspective Of Judicial Reasons

The traditional air freight forwarder plays a key role in air cargo transport.With the development of air freight forwarding business,the air freight forwarders have different identities in air freight forwarding business due to their diversified business models.Sometimes they get involved in the air freight forwarding business as the traditional air freight forwarders;sometimes an air freight forwarder is in the legal position of the carrier as a party to an air transport contract;sometimes they act as a party in the relationship of sub-entrustment,the legal status of the air freight forwarders therein may be agent or sub-agent.The multiple identities of air freight forwarders make it difficult to determine their legal status.The courts' vague understandings,the insufficient reasoning of judgments of courts,and unclear and unified judgment standard on the legal status of air freight forwarders exist in Chinese judicial practice.Therefore,it is of practical significance to determine the legal status of air freight forwarders in judging their rights,obligations and responsibilities.Through the legislative comparison of the definition of air freight forwarders and the statistics of the judicial elements concerning air freight forwarders,as well as the analysis of the basis for judging the legal status of air freight forwarders in judicial decisions,this paper concludes that the content of the contract,the content recorded in the waybill,the actual performance of the freight forwarders,the transaction habits and the nature of the expenses involved are the reference elements for judging the legal status of air freight forwarders.This article also puts forward some suggestions on the legislation,judicial and industrial regulations upon the legal status of freight forwarders.