装运港船上交货托运人的认定

To Identify the Shipper Free on Board

在海商法实践中,我国海商法对装运港(FOB)贸易术语的托运人的认定,争议最大的是提单托运人一栏记载买方还是卖方,其权利和义务的区别,从而提出解决托运人争议的对策,卖方和买方均视为托运人,享有不同的权利和承担不同的义务,卖方在占有提单期间,对提单享有合法占有权和提单项下货物的物权。

According to Chinese Maritime Law, the most frequent dispute is how we identify the shipper under free on board（FOB） international trade terms in the practice of maritime law. That means buyer or seller which party acts as shipper, What their rights and commitments differ respec- tively. This paper puts forward the countermeasures of settling the disputes accordingly. Both buyer and seller acts as shipper either enjoy the different rights or undertake different commitments, and seller legally enjoy ownership and proprietary rights in having bill of lading period.