129765921289581250_29Supreme Law explanation of standard sea freight Agency disputes cases
Reporter's 18th learned from the Supreme People's Court, Supreme People's Court recently introduced the several issues concerning the trial of sea freight forwarding cases under the provisions of, this judicial interpretation of article 16 in total will go into effect on May 1
tera gold, 2012. It is understood that the international freight forwarding industry is essential important link in international trade. International freight forwarding industry in China since reform and opening up toAccompanied by the rapid growth of China's economy has seen rapid development, has become a well as emerging industries
diablo 3 power leveling, trade in services, promote the development of international transport, attracting foreign capital and attract employment plays an important role, become an important component of China's national economy. Supreme People's Court and the four chambers in charge, development of freight forwarders in China remains at present is notMature services sectors. Freight forwarding market gradually open, soaring freight forwarding companies
diablo 3 gold, freight forwarding market cohabitation in China at the present stage, freight forwarders disorderly competition and development imbalances more prominent, affecting the healthy development of the freight forwarding industry. Freight forwarders freight forwarding enterprises operating irregularities led to increasing disputes, litigation to a number of court cases rise��
Among them, particularities of international maritime freight forwarding by sea transport, its most complex legal relationship, the resulting legal disputes the current hot and difficult problems in trial practice, need to be adjusted and specifications. The responsible person said, compared with the General civil agents, forwarding agents belong to the commercial agent, provisions of existing laws, such as the General principles of civil law, contract lawIn principle, the maritime courts in judicial practice, as well as between the subordinate courts have different understanding of how to apply the law, magistrates scale is not uniform. To address the difficulties and problems that exist in the judicial practice, by means of judicial guidance, specification, unified the administration of Justice, the Supreme People's Court trial for sea freight forwarding cases to develop the judicial interpretation�� Judicial interpretation mainly entrusted to handle and adjust the freight agent enterprises related to the carriage of goods by sea freight forwarding services between clients and formed the relationship between rights and obligations. At the same time, how to accurately identify made provision for the legal relationship between the parties. Judicial interpretation in accordance with the provisions of contract law on the Commission contract, determine the trial of sea freight forwarding contract dispute cases should be takenPrinciple of presumption of fault.
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