FOB seller under Chinese law and privity of contract in carriage of goods by sea

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journalpeer-review

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Author(s)

  • Liang Zhao

Related Research Unit(s)

Detail(s)

Original languageEnglish
Pages (from-to)286–305
Journal / PublicationAsia Pacific Law Review
Volume27
Issue number2
Online published23 Dec 2019
Publication statusPublished - 2019

Abstract

The FOB (Free On Board) seller under Chinese law (FOB seller) has no contractual relation with the carrier but is recognized as the shipper under Chinese law. The FOB seller thus has the right to demand the issue of bill of lading from the carrier and the rights of suit against the carrier in Chinese judicial practice. These exceptions to privity of contract in carriage of goods by sea are inconsistent with the globally recognized doctrine of privity of contract. This inconsistency has caused troubles to international shipping and trade transactions. It is submitted that the doctrine of privity of contract should be respected and the exception of the FOB seller shall be limited in carriage of goods by sea.

Research Area(s)

  • FOB seller, bill of lading, rights of suit, carriage of goods by sea, privity of contract

Citation Format(s)

FOB seller under Chinese law and privity of contract in carriage of goods by sea. / Zhao, Liang.
In: Asia Pacific Law Review, Vol. 27, No. 2, 2019, p. 286–305.

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journalpeer-review