Study On The Documentary Shipper

Documentary shipper is created in the "United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea"(hereinafter referred to briefly as "Rotterdam Rules") for the purpose of confirming the rights, obligations and responsibilities of the sellers who adopt FOB price term under the carriage contract, which is inevitable in the development of the International trade in goods. The thesis tries to explore the theoretical value and actual function of the system of documentary shipper, on the perspective of the rights protection of the FOB sellers, from the birth of the theory, the construction of the system, the specific rules and the practice of it. Meanwhile, the thesis also reviews the change of the provision about the legal status of FOB sellers in China, reflects on the practice in this field and provides a recommendation on whether or not China should join the "Rotterdam rules".Apart from the introduction and the conclusion, the body paragraphs are divided into five parts, a total of22198words.The first part reviews the history of the shipper system, which is established in order to clarify the background of the shipper, the concept of the documentary shipper and FOB seller and their rights and obligations respectively.The second part expounds the specific provisions of the documentary shipper system, which includes the constitution of the shippers, the rights, obligations and responsibilities of them.The third part analyses whether the FOB sellers are capable of becoming the documentary shippers. It is the most controversial issue in this system especially for the Chinese FOB sellers who lack the awareness of rules.The fourth part expounds the influence of the FOB sellers in other provisions related to the system in the "Rotterdam rules".The fifth part analyses the choice of the FOB sellers:to become the vague legal shippers or the proper documentary shippers.