A Study On The Connection Between Contracts For The Sale And Purchase Of International Goods And The Contract Of Carriage Of Goods By Sea

In international trade, buyers and sellers are in different countries. In order to abtain the successful completion of the trade, in addition to the sales contract, the carriage contract is also essential. Currently, sea transport is still the most important way of international transport. So this paper is focus on how to achieve seamless between the sales contact and carriage contract.This paper starts from the issues which involved in both the sales contact and carriage contract, including the bill of lading, costs, trade terms, the right of control of goods, goods delivery, and lawsuit, in order to avoid the various problems in practice.The first chapter is the issue of bills of lading. Divided into two parts, respectively discussed if bills of lading are still a document of title under the new background, and the bills of lading in the case of charter party.In the second chapter is three kinds of fees in the sales contract and the contract of carriage including transport freight, handing costs and demurrage.The third chapter is the trade terms in the sales contract, and focused on the change of the FOB and CIF in Incoterms2010, and its influence on the sale of goods and transpotation.In the fourth chapter is the problem of control over goods. Especially after the promulgation of the "Rotterdam Rules", goods control has been more widely used. It is also associated with the new development of carriage of goods by sea.The fifth chapter disscussed the goods delivery at the port of destination, including the Inspection of goods, the consignee obligation of picking up the goods, and the buyer’s rights to refuse the goods.The last chapter is about several problems of dispute, including the scope of damage compensation, the claim rights, and the statute of limitations.Referenced in this article is mainly on the provisions of China’s domestic laws, international conventions and international practice regarding sales of goods and maritime transport.