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Study on the Protection of Seller’s Interests under the Conditions of FOB

Author: ChenLiLi
Tutor: WeiYouHong
School: East China University of Political Science
Course: International Law
Keywords: FOB shipper carrier NVOCC
CLC: D996.19
Type: Master's thesis
Year: 2010
Downloads: 364
Quote: 0
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Abstract


As a country in possession of international trade, china has 80% FOB international trade. the seller will face more risks Under FOB condition than under CIF and CFR condition for the buyer is in charge of sending ship. How to protect the seller’s right becomes our focus.In the first chapter of this article, the author briefly introduces the seller and buyer’s obligations respectively under FOB condition. Besides, the author points that the seller’s position lies in two sides: the seller gets the B/L that he is the shipper; the seller gets B/L that other person but him is the shipper.The second chapter introduces the main risks the seller will face. It includes: when the other person rather than the seller is the shipper of B/L, the seller is probably facing a series of risks: getting unpaid、losing control right of goods and suing right; when the seller is the shipper of B/L, the seller will face the risk of House B/L fraud.Chapter 3 and chapter 4 are the emphases. They tell us how to solve the problems related above. Chapter 3 points that the seller’s risks he faces when he isn’t the shipper of B/L come from faultiness of Maritime Law of China. In China Maritime Law, through the definition, it gives the seller the position of the shipper. But it is this definition brings conflict in the practice and the theoretical study in China. Based on this reason, the author gets the conclusion: according to law and regulation of China, the seller must be the shipper of B/L so his right can be well protected. Besides, the author points that the documentary shipper of《The Rotterdam Rules》can’t provide effective protection to the seller under condition of FOB.Aiming at solving the problem of House B/L fraud, the author advises that the seller should treat House B/L carefully. So he can protect his interests under FOB.

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