FCR的法律性质及FOB卖方与货运代理的法律关系

On the Nature of FCR and Legal Relationship Between FOB Seller and Freight Forwarder

凭单交货是承运人的一项法律义务,FCR不同于提单但正被日益频繁地应用于海上运输实践,因此从法律上正确理解FCR的性质对实践中如何使用FCR具有重要意义。就法律性质而言,作为货物收据的FCR是承运人签发的海上货物运输合同的初步证明,但不是承运人据以交付货物的凭证;基于国际货运代理的多重身份,FCR下国际货运代理与FOB卖方的法律关系在不同的运输阶段表现为内陆运输货运代理合同法律关系、海上货物运输合同法律关系以及海上货运代理合同法律关系。

It is a legal obligation for forwarder to deliver the goods against documents. Although FCR is different from the bill of lading, it is being frequently applied to the marine transportation . So , correctly understanding the legal nature of FCR is of signifietnce fro traders . As far as the legal nature is concerned, FCR is the preliminary certificate signed and issued by a carrier as a contract of carriage of goods by sea, but it is not the voucher against which a carrier delivers the goods. Based on the multiple identity of a forwarder, at different phases of transportation, the legal relationship between an forwarder and a FOB seller under FCR terms can be taken as the contractual legal relationship of inland transportation forwarder, the legal relation- ship of carriage of goods by sea, and the legal relationship of marine freight forwarder.