关于国际货运代理人民事法律关系之研究-国际法学专业论文.docxVIP

ABSTRACTThe ABSTRACT The freight forwarder is not a party ofthe transport contract，but only acts as all agent before．Nowadays，however,more and more freight forwarders play the role of carriers． Many of them have their own conveyance and participate in the carriage of goods including Bill of Lading for multimodal transport．Some of them even have been engaged in logistics businesses．All ofthe above features carrier． Therefore，the obligations of the intemational freight forwarders who perform as carriers have been clearly stipulated in model rules for freight forwarding services by FIATA；some countries have divided freight forwarders into those who act as agents and those as carriers，and stated their rights and obligations separately in regulations on standard trading conditions of international freight forwarders Since the double roles of the freight forwarders have appeared in businesses，legal practice and even legislation，it is obviously necessary for US to study and discuss the legal relationships in which the freight forwarders take part．Hopefully it will do some good to the legislation and practice of our country． In the article，the author firstly defines the two different roles ofthe international freight forwarder as agent and contract party，with the emphasis on the establishment of the relations ofagency ofentrustment ofthe international freight forwarding、the content of entrustment contract、relations between the contract of carriage of goods、trading contract and entrustment contract and the influence of CONTRAC LAW on legal relations of international freight forwarding．Through the analysis，the author clarifies the civil legal relations ofthe freight forwarding and the legal norms regulating the legal relations of international freight forwarding；meanwhile expounds the status of dormant agency in the legal system of international freight forwarding of China，make some confused understandings about relations of freight forwarding in practice clear．In addition，on