慎用FOB术语下租约提单中的并入条款

On Cautious Application of the Incorporation Clause of B/L Charter Party Under FOB Terms

租约提单签发的主要依据是租船合同,为了保持双方的一致性往往采取合并这一法律形式。然而除非信用证规定允许租约提单,开证行往往会因自身的利益拒付这种含有并入条款的提单。特别是在FOB术语中由于买卖双方的责任划分的特殊性,使得提单的各方关系人更为复杂。这就使得买卖一方可能会因为不恰当的引入并入条款而遭受利益的损失。

The B/L is issued mainly on the basis of the charter party with legal binding force for both parties to keep the conformity of the two documents. However, the B/L under the charter party containing incorporation clause tends to be dishonored by the issu-ing bank under the consideration of their own interesi, unless the L/C stipulates that the B/L under Chart party is accepted. Due to the particularity of liability-bearing on both the seller and the buyer under the terms of FOB, the relation between the parties in-volved becomes complicated. The paper points out that improper application of the incorporation clause will cause either party con-cerned to suffer from loss.