(1) The logistics contract is a two-way contract; (2) The logistics contract is a paid contract; (3) The logistics contract is not a trial contract; (4) Logistics contract is a commitment contract; (5) Logistics service contract is a labor service contract; (6)
Logistics service contract has the nature of binding the third party. Second, the conditions for the establishment of a partnership enterprise
(1 There are two or more partners, all of whom shall bear unlimited liability according to law. (3) A logistics enterprise is an enterprise legal person with the ability to provide circulation services for materials.
6. The concept of contract conclusion
The conclusion of a contract refers to a legal act in which two or more parties reach an agreement on the main terms of the contract through consultation according to law. The situation of concluding a contract is a way to clarify the mutual rights and obligations of both parties to the contract, and it is the external performance of the agreement between the two parties.
(2) Having a written partnership agreement; (3) The amount of capital contribution actually paid by each partner; (4) Having the name of the partnership enterprise; (5) Having business premises and necessary conditions for engaging in partnership operation.
Third, the legal characteristics of the sales contract
(1) The sales contract is a paid contract; (2) The sales contract is a two-way contract; (3) The sales contract is a non-commitment contract; (4) The sales contract is a non-commitment contract.
Acceptance is the expression of the intention of the offeree to agree to the offer. Confirm with him when the promise comes into effect.
Conditions of consent; First of all, it must be made by the offeree. Second, it must be made to the offeror. Third, the content of acceptance should be consistent with the content of offer. Fourth, it must be made within the prescribed time limit.
Verb (short for verb) bill of lading
A bill of lading refers to a document that proves that the contract of carriage of goods by sea and the goods have been received or loaded by the carrier, and the carrier keeps the evidence of delivery of the goods. Function (1) is contract voucher (2) is goods receipt.
(3) It is a document of rights.
The legal characteristics of intransitive verb trusteeship contract 1. Custody contracts are generally practical contracts.
2. The custody contract can be a free contract or a paid contract, and whether it is paid or not shall be agreed by both parties.
3. The custody contract is unnecessary. The purpose of custody contract is to keep the articles. 5. The articles in the custody contract can be movable or immovable. 7. Legal characteristics of warehousing contracts.
1. The custodian of the warehousing contract must be the warehousing operator. 2. The warehousing contract is a paid contract for both parties. 3. The warehousing contract is a non-contractual contract.
4. The delivery and return of the goods in the warehousing contract is based on the warehouse receipt.
5. The goods kept in the warehousing contract are specific or specific varieties. 6. The warehousing contract is generally a format contract. 8. The validity period of the warehouse receipt; (1) Effectiveness of extracting warehouse (2) Effectiveness of transferring warehouse ownership.
(3) the concept of quality effectiveness-logistics method
Logistics law refers to the general name of legal norms regulating social relations related to logistics activities, and the meaning of logistics service contract.
Refers to the agreement between the third-party logistics enterprise and other enterprises, that is, the third-party logistics enterprise will design the logistics system for the latter, or be responsible for the management and operation of the whole logistics system of the latter, and assume the responsibility of system operation. The latter pays the logistics service fee to the third-party logistics enterprise.
Third, the concept of limited liability company
It refers to an enterprise as a legal person composed of shareholders who meet the statutory requirements. Each shareholder is liable to the company within the limit of the capital contribution subscribed, and the company is liable to the company's debts with all its assets. four
The concept of a company limited by shares
Refers to the meaning of Company 5. A logistics enterprise consists of a quorum of shareholders, whose capital is equal shares. Shareholders are liable for the company's financial liabilities to the extent of their shares, and the company is liable for the company's debts with all its assets.
Logistics enterprises refer to all kinds of business activities related to commodities, which are independently operated according to law, responsible for their own profits and losses, and have legal personality. Legal characteristics;
(1) Logistics enterprises are organizational units specialized in various business activities related to the circulation of materials and materials.
(2) Logistics enterprises are self-employed, self-financing, profit-making organizations that create social wealth.
Refers to the legal document issued by the warehouse keeper to the depositor when receiving the goods, indicating that a certain number of goods have been received and representing the corresponding property ownership.
The concept of processing contract
Refers to a contract in which one party completes certain work according to the special requirements of the other party and delivers the work results to the other party, and the other party accepts the work results and pays the remuneration according to the agreement. *
The concept of contract of carriage of goods
It refers to a contract in which the carrier transports the goods to the agreed place and delivers them to the consignee within the agreed time limit, and the shipper pays the transportation expenses according to the regulations or agreements. 1. Should an ocean shipping company in Shanghai compensate? Why?
Answer; 1. An ocean shipping company in Shanghai should be liable for the electronic equipment of two containers, but not for the bulk timber.
2. Because China Maritime Law is applicable to this contract, Article 46 of China Maritime Law stipulates that the carrier's period of responsibility for the goods loaded in containers refers to the whole period from the time when the goods are received at the loading port to the time when the goods are delivered at the unloading port, and the goods are under the control of the carrier. The period of the carrier's responsibility for goods not shipped in containers refers to the whole period from the time when the goods are loaded to the time when they are unloaded, and the goods are under the control of the carrier. Except as otherwise provided in this section, the carrier shall be liable for the loss of or damage to the goods during the carrier's liability period.
2. Company A of China and Company B of Italy 1, compensate the loss caused by the short weight of the first batch of goods 1000 USD;
Answer;
1. If the seller shipped the first batch of goods on time and obtained a clean bill of lading, it shall be preliminarily judged that the seller has fulfilled the contract. The buyer inspects the goods by himself after receiving them, instead of entrusting an independent inspection agency to inspect them. His claim and the claim of shortage of goods should not be supported.
The seller shipped the goods on time, and the delay in the arrival of the goods in Hong Kong was not the seller's fault. According to CIF terms, the risk of the goods has been transferred to the seller when crossing the ship's rail, and its claim of being fined for the delay in arrival in Hong Kong should not be supported.
The second batch of goods has lost any use value, and the seller constitutes a fundamental breach of contract. The seller's claim to return the goods, terminate this part of the contract and compensate for the loss of profits should be supported.
4. The buyer's demand for double refund of liquidated damages is not supported, because the contract stipulates that this can only be done if the seller does not deliver the goods, which means that the seller does not deliver the goods, not that he does not deliver the goods.
Third; Chen Da Distribution Center and Liu Hua Food Factory.
Answer; Distribution operators shall fulfill their distribution obligations in an appropriate way. The distributor accepts the delivered goods and undertakes the obligation of storage and custody. When the distributor returns the distribution residues, the consignor is obliged to make adjustments and inspections when handling the goods received by the consignee.
Fourth; Shipper Ma Kexin
Answer; The carrier shall compensate for the failure to make the ship seaworthy before and at the time of sailing.
Five; A company in country A exports Thai fragrant rice to a company in country B.
Answer;
The seller is not responsible for the risks and losses suffered by the goods during transportation. The risk shall be borne by the buyer. (5 points) According to Inconterms2000, in FOB terminology, the seller only bears the risk before the goods cross the ship's rail, and the buyer bears the risk after the goods cross the ship's rail, unless the seller fails to meet the contract requirements at the time of delivery. (5 points) If the transaction is conducted on CIF or CFR terms, the seller shall not be responsible for the risks and losses suffered by the goods during transportation. According to Inconterms2000, in CIF or CFR terms, the seller only bears the risk before the goods cross the ship's rail, and the buyer also bears the risk after the goods cross the ship's rail, unless the goods do not meet the contract requirements at the time of delivery.