《鹿特丹规则》的“单证托运人”之规定——兼与FOB卖方权益零保护观点之磋商

Provisions of documentary shipper in the Rotterdam Rules——discussion of the view of FOB seller's rights and interests have no protection

通过对几个海上货物运输公约及《中华人民共和国海商法》相关条款的理解,分析海上运输合同、买卖合同以及付款方式,进而指出在《鹿特丹规则》下FOB卖方的地位。与此同时,提出出口商应如何处理买卖合同与海上运输合同的关系,如何处理提单签发问题,如何减少风险,维护自己的权益。

Based on the review of the provisions on the issue that to whom the B/L should be issued as stipulated in the Hague Rules, the Hamburg Rules and the Maritime Code of the PRC,and the analysis of Art. 35 of the United Nations Convention on Contract for the International Carriage of Goods Wholly or Partly by Sea （the Rotterdam Rules）, the paper reveals that the Documentary Shipper established by the Rotterdam Rules can be used by the FOB seller for the entitlement to obtaining the transport document （bills of lading） or the electronic transport records for the protection of its interest. This is a gap-filling of the previous international convention and domestic laws and a new development in international maritime law. At the same time, this paper puts proposals for FOB exporters such as how to deal with the relationship between the sales contract and the contract of carriage, how to deal with the issuance of bill of lading under the Rotterdam Rules so as to reduce the risk in its international sale of goods.