sub-consignment
The delegation phenomenon isInternational freight forwardingA common business phenomenon。What we call the right to delegate is that the trustee transfers the entrusted affairs handled by himself to another party。As an example, we can see that there are many kinds of maritime goods of international freight forwarding companies, and most of them are entrusted by layers, if there is no explicit provision in the contract of carriage, then it is easy to cause disputes because of subdelegation。
The legal effect of forwarder's act of delegating。
The legal effect of "forwarding agent transfer" usually referred to is that A company entrusts B1 company to handle the related affairs of cargo transportation, and B1 company transfers the matter to B2 company。If A consents or is ratified, A directly instructs B2 that B2's actions are the responsibility of A within the scope of its authority。If A does not agree or ratify, B1 must be held responsible for B2's actions。
1.Article 169 of the General Principles of the Civil Law of the People's Republic of China stipulates that an agent shall obtain the consent or ratification of the principal when transferring the agent to a third party。With the consent or ratification of the principal, the principal may directly instruct the third party to delegate the agency affairs, and the agent shall only be responsible for the choice of the third party and the instructions given to the third party。Without the consent or ratification of the agent, the agent shall be responsible for the acts entrusted to a third party, but in an emergency, the agent needs to entrust a third party to protect the interests of the principal。
In the current judicial practice, there are differences on the legal effect of subdelegation。One view is that a subcommission legal relationship can be established only with the express consent of the parties。There is also a view that if the principal is aware of the act of subdelegation and does not object, it indicates the implied consent of the principal。Another view goes further, that unless the principal clearly indicates in the relevant documents that the trustee must personally deal with the entrusted matters, it is deemed that the principal implicitly agrees to the act of subdelegation。
In the latest judicial interpretation, the client and the freight forwarder agreed to transfer the entrustment right。If a party claims within the scope of its authority that the client agrees to the assignment, the people's court shall support it。Where there is no right of transfer, and the freight forwarding enterprise or the third party does not object to the principal knowing that the freight forwarding enterprise has transferred or partially entrusted a third party to deal with the maritime freight forwarding affairs, the people's court shall not support it, unless the parties clearly indicate that they accept the transfer of the entrustment。
2.The Second Amendment (2020) "Provisions of the Supreme People's Court on Hearing Certain Issues Concerning Maritime Freight Forwarding Disputes"
International freight forwarding enterprises as agents, refers toInternational freight forwarding companyAccept the import and export goods consignee, shipper or its agent entrusted, in the name of the principal to handle international freight forwarding business, charge agency fees or commissions。