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Sources of information：未知Release time:2017-02-27 11:02 Reading times：次I would like to comment
1, the Court heard:
2012 Beijing a trade company with Japanese Shoji Corporation entered into a contract for the international sale of goods, contract composed of a Beijing company(the seller) Japan sells 700 tons of Gingko, buyer must be opened before June 15, 2012, irrevocable, transferable, irrevocable,
Partial delivery is within 6 months after receipt of the letter of credit. After the contract is signed, a trading company in Beijing and Jiangsu entered into a trade center of the principal export agreements. Agreement, ITC commissioned a Beijing trading company exports 700 tons of Ginkgo biloba, and delivery to the end of 1988. After the agreement is signed, a trading center to begin acquisition of Ginkgo biloba, purchased more than 430 tons of Ginkgo biloba. One Trade Center repeatedlyurged the Beijing trading company with an agreement for export, in November ofJapanese to China saw a trade center of storage of Ginkgo biloba, considered thequality to meet the requirements. But maturity trading company in Beijing failed toperform export tasks as provided in the trust agreement, was not goods, only 100tons were exported in January 2013, and the remaining 300 ton of unable to export, caused great economic losses to the ITC. As the two sides through consultation,a trade center in May 2013, Sue to the intermediate people's Court of Jiangsu Province, request the people's Court ordered the Beijing trading company liability andcompensation for economic loss.
2, trial results:
Jiangsu Province, Beijing, a trading company loses two judgements of the High Court, and compensate for the economic loss of a trade center in Jiangsu Province. Jiangsu provincial higher people's Court's ruling on the grounds that:
1) commissioned export agreement clearly stipulates that a trade delegate in Jiangsu Beijing trading company exports 700 tons of Ginkgo biloba, entrusted a Beijing trading company only charge fees, which accounted for 3% of the total amount of the contract, foreign exchange retention according to their proportional allocation. According to national import policies, in line with the provisions of the principal export.
2) trading company in Beijing in accordance with the principal export export agreement, constitute a breach, breach of treaties with the trading company on the daywhen the contract for the international sale of goods, refusing to outwardly claim that more than the claim period.
3, basic theory:
Agent (Agent) is one of the most important parties in the international trade activities. In General, if agent without legitimate authorization is considered the principaldoes not have the legal capacity of the contracting, contracts are invalid. On February 15, 1983, the International Institute for the unification of the development by the Convention on the international sale of goods, the Convention is the international commercial agency relationship one of the most important international conventions to determine the authority and scope, agents of law effectiveness, detail the dealership termination provisions. Adjust China's foreign trade activities foreign trade agent system is an important legal system, it is a product of China's foreign trade system reform, relevant legislation was August 29, 1991, the Ministry issued theprovisional regulations on the foreign trade agency system. The interim provisionsof the China foreign trade agency is divided into two categories, one for each different laws to adjust. For the foreign trade operation rights of the company, business agent and the other a right to operate foreign trade companies and enterprises for the import and export business, on behalf of the agent to the principal foreign contracts, applicable provisions of the General principles of the civil law relatingto Agency adjusted if agents signed contracts in its own name, the interim provisions apply to be adjusted. Right to operate without foreign trade companies, enterprises, institutions or individual delegates have a right to operate foreign trade companies and enterprises for the import and export business, shall be subject to theinterim provisions to be adjusted.
4, case analysis
A trade center in Jiangsu, Beijing, a trade company and Japanese Shoji Corporation is the 3 parties in the present case. Among them, one Trade Center does not have foreign trade rights, authorize foreign trade a trading company in Beijing to handle import and export business, foreign trade relationship between the two shouldapply the provisional regulations on foreign trade agent system, as a trustee of one of the obligations of a trading company in Beijing that: import and export contracts filed claims to the clients and the relevant provisions of the trust agreement orother remedial measures. But in this case, a Beijing trading company in violation ofthe basic obligation, in foreign claims in the course of time the Japanese side claims that more than the claim period. Therefore, Beijing should be one Trade Center suffered from a trading company take responsibility for the loss.
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311