FOB seller under Chinese law and privity of contract in carriage of goods by sea
FOB seller under Chinese law and privity of contract in carriage of goods by sea
The FOB (Free On Board) seller under Chinese law (FOB seller) has no contractual relation with the carrier but is recognized as the shipper under Chinese law. The FOB seller thus has the right to demand the issue of bill of lading from the carrier and the rights of suit against the carrier in Chinese judicial practice. These exceptions to privity of contract in carriage of goods by sea are inconsistent with the globally recognized doctrine of privity of contract. This inconsistency has caused troubles to international shipping and trade transactions. It is submitted that the doctrine of privity of contract should be respected and the exception of the FOB seller shall be limited in carriage of goods by sea.
286-305
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda
Zhao, Liang
(2019)
FOB seller under Chinese law and privity of contract in carriage of goods by sea.
Asia Pacific Law Review, 27 (2), .
(doi:10.1080/10192557.2019.1699311).
Abstract
The FOB (Free On Board) seller under Chinese law (FOB seller) has no contractual relation with the carrier but is recognized as the shipper under Chinese law. The FOB seller thus has the right to demand the issue of bill of lading from the carrier and the rights of suit against the carrier in Chinese judicial practice. These exceptions to privity of contract in carriage of goods by sea are inconsistent with the globally recognized doctrine of privity of contract. This inconsistency has caused troubles to international shipping and trade transactions. It is submitted that the doctrine of privity of contract should be respected and the exception of the FOB seller shall be limited in carriage of goods by sea.
Text
RPLR_A_1699311-proof corrections
- Accepted Manuscript
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Accepted/In Press date: 10 September 2019
e-pub ahead of print date: 23 December 2019
Identifiers
Local EPrints ID: 438973
URI: http://eprints.soton.ac.uk/id/eprint/438973
ISSN: 1019-2557
PURE UUID: f74eee0f-629c-465d-a2cf-842b5f0026d2
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Date deposited: 30 Mar 2020 16:31
Last modified: 17 Mar 2024 05:26
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