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The Seller’s Risk and Avoidance in FOB Term

Author: JiangLin
Tutor: GuoPing
School: Dalian Maritime University
Course: Legal
Keywords: FOB Right of Control Bill of Lading Delivery of goods withoutoriginal bill of lading Contract of carriage of goods by sea
CLC: D996.19
Type: Master's thesis
Year: 2013
Downloads: 367
Quote: 0
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Abstract


In recent years, the frequency of FOB trade terms used in international commodity exchange unabated. In this context, a more favorable safeguard the legitimate rights and interests of China’s trade exporters for the purpose of analysis from the goods transport point of view of the risks faced by the seller in the international commodity exchange process, in order to explore the methods of risk aversion and equity security. In response to this focus, we will use the longitudinal research methods to the axis of the FOB term conditions throughout the transportation process, the seller to face a number of risks is divided into four sections:the blank spots before shipment insurance..delivery of the goods the claims of the bill of lading, cargo shipping, cargo control, delivery of goods without the goods arrive at the port of destination.Corresponding theoretical analysis and practical demonstration angle corresponding risk aversion measures.First of all, facing the seller before shipment cargo damage risk analysis, even if the buyer has purchased a " warehouse to warehouse " insurance, but due to the presence of international trade and international transport fit under FOB, combined with China’s "Insurance Law" insurable interest requirements will be coordinated with the seller before shipment is " naked" state. The analysis in this section,"insurance blank spots" at the same time, the corresponding recommendations to avoid risks.When the goods delivered to the carrier, the risk of the seller face next is the ability to get the bill of lading issued by the carrier. As section II FOB seller risks faced by the seller, and then analyzes the reasonableness of the bill of lading.Combined with the Supreme People’s Court on Several Issues on the trial of sea freight forwarding disputes "(hereinafter referred to as freight forwarding judicial interpretation) for the seller to get the bill of lading provides the legal basis and the lack of points.Goods in the shipping process, if the buyer lost the ability to continue to contractual obligations due to other objective reasons or by their conduct will cease to fulfill their obligations, continue to allow the seller to complete the delivery obligation is bound to expose them to the risk of both life and goods.In this paper, as discussed in section III, the focus on the seller’s control over goods, less than at the same time on the question of China’s legislative circumvent the proposed risk for this problem to be incurred by the seller.FOB seller often encountered risk is the carrier’s delivery of goods without the goods reach the port of destination. The fourth part through the delivery of goods without performance and causes analysis, and then on the FOB seller beforehand prevention and relief afterwards.By analysis of the whole international process of commodity exchange in Sections can make a clearer understanding of China’s exporters may face the risk of its various sections, hoping to be able to provide a reference for them, to achieve a more favorable purpose of protecting the legitimate rights and interests of exporters in China, and promote better development of international trade in China.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law ) > Maritime
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