Introduction to the legal status of international freight forwarders identification essay

Abstract: International freight forwarding is an essential link in international trade. Due to the meaning of freight forwarding and its legal status of the provisions of the unclear, making it in practice has produced a large number of disputes. In this paper, through a brief introduction to the different views on the legal nature of international freight forwarding, to explore how to legally identify the legal status of international freight forwarders in business activities.

Keywords: Freight forwarding agent; legal status

First, the concept of international freight forwarding agent

International Freight Forwarding Agent refers to the interests of the customer, based on the customer's instructions to undertake freight transportation. Although the international freight forwarder is not the carrier, but in shipping practice, due to its legal status of the vague, often on their legal responsibility there is a great deal of controversy. This article will discuss how to determine the legal status of international freight forwarders.

Second, the legal nature of the international freight forwarding agent

According to the size and scope of operation of the different, usually the international freight forwarding agent is divided into two forms: one is the shipper's agent; the other is a multimodal transport operators. The extension of the legal nature of the international freight forwarding agent, mainly "agent" and "non-vessel-owning carrier" said two. Hold "agent" that the international freight forwarding agent is to accept the entrustment of the principal, within the scope of the principal's authorization, in the name of the principal for the carriage of goods, the agency relationship is the core of the relationship, which is also similar to the "General Principles of Civil Law" on the provisions of the agency. Therefore, the freight forwarder's liability should be based on the relevant provisions of the General Principles of Civil Law, the legal consequences of which are borne by the agent. "NVOCCs" said that many freight forwarders nowadays, on the one hand, sign multimodal transportation contracts with shippers, and on the other hand, enter into contracts of carriage with the `actual carrier' of each sector, and when appearing as such `NVOCCs', they should be recognized as having the status of carriers. shall be recognized as having the legal status of a carrier.

Third, the legal status of international freight forwarders to determine the standard

As an agent or the subject of the contract, freight forwarders often try to use the identity of the agent to avoid their responsibilities. This is often easy to cause confusion. Theory and shipping practice, mainly based on the following four criteria to determine the legal status of international freight forwarding agents or agents.

(a) According to the agreement between the parties

That is, according to the contract of carriage signed by the two sides and the freight forwarder in the contract or related documents to determine how to describe themselves. The contract as a product of party autonomy, as long as the contract between the two parties in the contract on the legal status of the freight forwarding agent to make an agreement, there will be no disputes about its legal nature, the status of the problem. However, if there is no agreement in the freight contract or agreement is not clear, according to the principle of contract interpretation and shipping practice in the usual practice, will generally make the interpretation in favor of the shipper. In recent years, with the growth of the strength of freight forwarding enterprises, domestic courts also tend to make this interpretation. On the specific description in the contract, if the freight forwarder describes himself as "as an agent", "on behalf of" or "for" and such a description is added in my signature, then It is considered to be merely acting as an agent at this point.

(ii) According to the issuance of transport documents

According to the relevant provisions of the FLATA standard rules, once the freight forwarder has issued its own transport documents, it is deemed to have made an express or implied commitment to assume responsibility in the capacity of the carrier. For example, in its own name to issue bills of lading, published tariffs. NSAB standard provisions also have similar provisions "Freight forwarders in the following circumstances should be considered to be in the capacity of the carrier to engage in activities: in its own name to issue transport documents ......."

(C) according to the way of remuneration

In practice, the package fee and commission is the international freight forwarder to obtain remuneration of the two main forms. Among them, the commission is well understood, is the freight forwarder as an intermediary to introduce the business of the honorarium. Dry fee, although the field of international logistics does not have this name, but in order to facilitate the transaction, freight forwarders have been charged a dry fee in the case of a few, and has formed industry practice. Package fee, is a one-time payment to the freight forwarder by the owner of a fee. Unlike ocean freight, the package fee also includes customs clearance fees, port fees and other road costs. In general, the fact of charging the dry fee, usually recognized as a freight forwarder in which the legal status of the carrier. If the charge is a commission, it is usually recognized as an agent. In Taicang Xingda Can Company and Jiangsu COSCO dispute, the buyer and seller signed a contract for the transportation of goods, the price terms of the agreed payment method for the payment of the lump sum fee, but did not specify the transaction in the freight forwarder is an agent or a carrier. The court ultimately found that the freight forwarder had performed the contract as an agent, and that it did not become a carrier because of the lump sum fee. Because in the court's view, the dry fee is the agent in advance, paid in advance, they have assumed a certain market risk.

(D) the relevant provisions of the law

According to the relevant provisions of the Supreme People's Court on December 27, 2012, the people's court shall firstly, according to the rights and obligations agreed in the written contract, and in combination with the name and manner of the freight forwarding enterprise to obtain the remuneration, the type of invoices issued and the charges, the transaction habits between the parties and the actual performance of the contract and other circumstances, to find that Whether the sea freight forwarding contract relationship is established. Both the provisions of 2012 regulate the determination of the freight forwarding contract relationship. It can be seen that the contract on the rights and obligations of the agreement is the first factor to be considered.

Four, summary

Comprehensive analysis, we can find that the legal status of international freight forwarders is a very complex issue. Especially in practice, a large part of the contract is contracted through the oral way, which will lead to the legal status of freight forwarding enterprises is difficult to identify. Here, I think the actual performance of the contract of other circumstances such as the freight forwarder actually involved in the transportation behavior to determine its legal status becomes critical. In the modern international transportation process, the traditional freight forwarding service enterprises in order to reduce the cost of transportation, storage and transportation integration is being transformed into a comprehensive logistics service enterprises. Therefore, the international freight forwarder in the warehousing of goods, transportation process or in the use of means of transportation, are very likely to be its bear the responsibility borne by the carrier. In addition, the freight forwarding enterprise remuneration to obtain the way, the type of invoicing and the two sides of the transaction habits of these criteria should be taken into account.

References:

[1] Guo Ping. The meaning of international freight forwarding agent and its legal status [J]. China Maritime Law Journal, 2001.

［2］Meng Yuqun, Chen Zhenying. International Freight Forwarding Laws and Cases [M]. Beijing: University of International Business and Economics Press, 2000.

[2] Meng Yuqun, Chen Zhenying.