On The Shipping Carrier's Claim For Freight

Freight is the leading source of profit for shipping companies. Whether the companies can get the freight is extraordinary important for their operating and development. Because of the requirements of international trade and the using of B/L widely, it is more difficult to take in the freight than the charges under the other transport forms. In the face of a lot of legal disputes in getting the freight and difficulties in legislating concerning freight, it is provided with practical meaning to research on the carrier's claim for freight.This article focuses on the basic legal problems and disputing problems of the carrier's claim for freight under the background of the law in China and other countries. It also provides the correct way to ask for freight. In a word, the purpose is to give helpful suggestions on freight legislation and, to boost the developments of shipping and trading.There are three chapters except for Preface and Conclusion.The first chapter analyzes the basic contents of claim for freight, including basis of the claim, subjects of the freight and the forms of payment. Freight is the reward through carrying the goods which is stimulated in contracts and bills of lading. Payment of freight is the shipper's basic obligation, and the consignee must defray the freight according the unambiguous recordation in B/L. There are two forms of payment–"freight prepaid"and"freight to collect". Which form is the principia determines that it should be recorded in the B/L if you choose the other form of payment.The second chapter focuses on how the carrier takes in his freight, including the bound of freight, bearing the freight risk and substituting to defray the freight. Although you can ask for the freight, it is unequal that you have earned the freight. Before you have earned the freight, the freight risk should be borne by the carrier. However, it is valid to stimulate transferring the risk. In the unnatural condition except freight risk, how much freight he can ask for should follow special rules. Sometimes, the carrier gets his freight through some others substituting to pay.