I. Legal Status of International Freight Forwarders
According to Article 2 of the Regulations on the Administration of International Freight Forwarders in People's Republic of China (PRC): "The international freight forwarding industry mentioned in these Provisions refers to the industry that accepts the entrustment of the consignor and consignor of import and export goods, handles international freight transportation and related business for the consignor in its own name, and collects service remuneration".
According to the detailed rules for the implementation of the provisions on the administration of international freight forwarding in People's Republic of China (PRC) (for Trial Implementation) (hereinafter referred to as the "Rules"), Article 2 stipulates:
"International freight forwarding enterprises (hereinafter referred to as international freight forwarding enterprises) can act as agents of consignors and consignors of import and export goods, or engage in international freight forwarding business as independent operators.
As an agent, an international freight forwarding enterprise engages in international freight forwarding business, which means that an international freight forwarding enterprise accepts the entrustment of the consignee, consignor or their agent of import and export goods and engages in international freight forwarding business in the name of the principal or in the name of an individual.
The act of handling related business in its own name and collecting agency fees or commissions. International freight forwarding enterprises, as independent operators, are engaged in international freight forwarding business, which refers to the consignee and consignor who accept import and export goods.
Entrusted by himself or his agent, he issues transport documents, performs transport contracts, and collects freight and service fees. "
According to Article 2 of the Regulations on the Administration of Foreign-invested International Freight Forwarding Industry in People's Republic of China (PRC), "Foreign-invested international freight forwarding enterprises mentioned in these Provisions refer to enterprises operated by foreign investors in cooperation with foreign countries.
Entrusted by the consignor and consignor of import and export goods, it is established in the form of capital, Sino-foreign cooperation and sole foreign investment, and handles international cargo transportation and related business for the consignor and consignor in its own name, and collects service fees.
Paid foreign-invested enterprises ".
According to the above laws and regulations, we can clearly know the legal status of international freight forwarding enterprises: that is, international freight forwarding enterprises act as "agents of consignors and consignors of import and export goods, or as"
Independent operators ",to carry out the corresponding legal activities. Therefore, according to its legal status, if an international freight forwarding enterprise only acts as an agent, it will accept the authorization of the owner and represent the law corresponding to the matter according to law.
The legal liability is borne by the owner, and the legal liability that international freight forwarding enterprises need to bear is limited to the legal liability that agents need to bear when they have no right to act or violate other agency laws. When international freight
When the agent is an independent operator, its legal liability is not limited to the legal liability of the agent, but also includes itself as an independent legal subject (that is, as the issuer of transport documents, as well as transportation.
The executor of the contract) when the relevant legal activities, bear the corresponding legal responsibility.
In order to prevent the unreasonable expansion of the legal liability of international freight forwarding enterprises, in the legal practice of international freight forwarding contracts, it is necessary to determine the legal status of international freight forwarding enterprises and clarify the actual legal relationship of international freight forwarding enterprises through specific agreements in the contracts signed between international freight forwarding enterprises and the consignees, consignors or their agents of import and export goods.
Two. Laws and administrative regulations applicable to international freight forwarding contracts
In combination with the relevant laws and regulations promulgated by the relevant competent authorities in China when implementing administrative management of international freight forwarding enterprises, and the relevant laws and regulations followed by international freight forwarding enterprises when engaging in specific business, the following main laws, administrative regulations, departmental rules and international conventions should be paid attention to when drafting and amending international freight forwarding contracts:
1. Laws: General Principles of Civil Law of People's Republic of China (PRC), Contract Law of People's Republic of China (PRC) and Maritime Law of People's Republic of China (PRC);
2. Administrative regulations: People's Republic of China (PRC) Regulations on International Shipping;
3. Departmental regulations: Regulations on the Administration of International Freight Forwarding Industry in People's Republic of China (PRC) and Detailed Rules for the Implementation of Regulations on the Administration of International Freight Forwarding Industry in People's Republic of China (PRC) (for Trial Implementation);
4. International Conventions: Uniform Agency Convention and Uniform Law on Agency Contracts.
When there are no provisions on the rights and obligations of agents in China's domestic law, we can refer to the relevant provisions of international conventions such as the Uniform Convention on Agency and the Convention on the Uniform Law on Agency Contracts.
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