1997 China's foreign trade volume reached $ 325.1 billion, approved by the Ministry of Foreign Trade is qualified to undertake maritime cargo transport operations of international cargo transport agents of more than 1400, most of the import and export goods by sea to the main mode of transport, and operating income in the freight forwarding business, maritime freight forwarding business again accounted for the largest proportion. However, China on maritime freight forwarding business with the lack of a sound legal norms, in sea freight forwarding status, rights, justice and the urgent need to establish legal responsibilities clearly defined. Freight forwarding business relationship with shippers, carriers of
Sea freight contract is an agency relationship COMMITTEE hand, the most common concerns the relationship between the shipper, carrier and freight forwarding companies which between the three parties, usually commissioned transport agreement or contract to determine the relationship between the carrier and freight forwarding business usually OK to charter, booking contract or agreement. Our country is civil law countries, based on whether the agent in his own name with a third party conduct business activities based on civil law of agency is divided into direct and indirect proxy agents, direct agents, freight forwarding companies it refers to the name of the shipper signed a contract with the carrier by sea freight. Usually in the FCL and parts transport operations, the performance of a direct relationship between the agent and freight shippers, bearing directly to the shipper a bill of lading issued by the owner, such as disputes in transport, commitment, care can between each other direct public appeal. Indirect proxy refers to the freight forwarding business for the benefit of the shipper, in its own name and maritime freight carriers together, usually in LCL container transport and international multimodal transport operations, the performance between the shipper and the freight forwarding business agent for the indirect relationship , freight forwarding companies in NVOCC shipper's name to the bottom of the issue of freight bill of lading, or multimodal transport operator on behalf of the issuance of the multimodal transport bill of lading species together, the actual carrier or di-drive carrier and then to the issue of maritime shippers freight forwarding business bill of lading bill of lading or two away, such as the dispute in transport, can only exercise the right to appeal to each other between the shipper and the freight forwarding and freight forwarding business enterprises and the actual carrier or di-drive carrier, the shipper and the actual bearing SPLM or proceedings can not be directly between the two drive carrier.
At present the number of illegal freight forwarding (including a large number of foreign or foreign enterprises in China to handle agency) far exceeds the legitimate freight forwarding companies, freight forwarding illegal use of these low cost, information network edge, flexible modes of operation, at least a third of the occupation of our freight forwarding market the share of the above, however, once a problem is difficult to solve, not to delay passing the buck is to walk away, seriously disrupted the market order of generations, against the legitimate rights and interests of the owner or carrier. According to "People's Republic of China International Freight Forwarding industry regulations," in addition to sea freight forwarding enterprise shall comply with certain conditions, but also must hold approval issued by Ministry of Foreign Trade in sea freight forwarding business of international transport of goods agents approval certificate, otherwise, the companies are not qualified to operate at sea freight forwarding, we can not engage in maritime freight forwarding business.
Freight forwarding agent enterprises both problems
Due to historical reasons, the driver and delayed legislation departmental interests, China's sea freight forwarding companies, there are a considerable number of carriers and freight forwarders have the dual role of the enterprise. This is not conducive to creating a fair competitive market order, but also in violation of the law. Economic Contract Law stipulates that the contract with the principal on behalf of other people with their own agent signed economic contracts invalid, the freight forwarding business agent at the same boat, both cargo is invalid behavior.
Should adhere to the principle of independent development of freight forwarding industry, the implementation of shipping agents and freight forwarders operate independently, the implementation of sub-sector of the transport and management of ship's agent.
Liability in the sea freight contract disputes Pu, including liability and limits of liability are two aspects of this issue on behalf of the companies most frequently encountered.
Direct sea freight forwarding agent contract disputes, freight forwarding companies are generally liable for the shipper according to the economic contract law or civil law. In the indirect proxy sea freight contract disputes, freight forwarding companies as a non-support for the empty vessel or multimodal transport operator, breach of contract or tort right to compensation liability and limits of liability defenses.
Direct sea freight forwarding agent contract disputes, the statute of limitations freight forwarding business between the agent and the agent of the shipper is to resolve disputes as two years; in indirect proxy offshore loans on behalf of contract disputes, on behalf of the business as a NVOCC limitation of action to resolve disputes between people or multimodal transport operator and the shipper level, the actual carrier or di-drive carrier, maritime law and in accordance with the provisions of 5 August 1997 the Supreme Court approval for one year, and nolle prosequi, or withdraw the arbitration court rejected the prosecution, the limitation is not interrupted.
Several problems listed above, often appear alone or in combination in the sea freight contract disputes, freight forwarding business at sea on behalf of this practice should have a more clear understanding, which is beneficial to safeguard their legitimate rights and interests.