The relationship between trade and insurance benefits
Time：2011-10-08 Browse：4982
This section to talk about FOB, CIF, CFR price and insurance interests to explore a number of issues, this section will be longer, but also relatively complex and in-depth point, there are many technical terms, I hope you patience to see the next section I industry This section will sum up to a better understanding. In international trade, the price condition is the most used CIF, CFR, FOB. In FOB, CFR price conditions, the interests of the insurance buyer to determine the decision of the effectiveness of pre-shipment insurance, warehouse to warehouse clause of the content and effective transfer of insurance policies and other issues; in the CIF price conditions, a direct determination of insurance benefits affect the transfer of insurance and insurance benefits and other issues of rotation. In this paper, and insurance benefits on the above analysis and discussion of issues related to clear FOB, CFR, CIF responsibility of the insurance contract between the parties, which resolved FOB, CFR, CIF prices under the conditions of the insurance claims settlement dispute with some reference and reference value.
[Keywords] FOB CFR CIF insurance benefits The principle of insurable interest is the insurance law, in particular marine insurance law is one very important principle, and its relationship to the validity of insurance contracts, and insurance if the insured person after the accident compensation issues, so in practice the parties often become controversial focus. China's insurance law and maritime law, however, have only done a general requirement, not exhaustive, in practice often led to disputes. In international trade, most people with different conditions to determine the price of mutual rights and obligations, and in practice, the use of the most price conditions are CIF, CFR, FOB, and often occur because the insurance interests in the insurance contract occurred between the parties dispute the insurance claims settlement.
International trade, insurance benefits and risks of transfer and transfer of ownership of goods between very close. Risk transfer and the transfer of ownership of goods in the case of unity in order to determine the transfer of ownership for the border to buy and sell sides of the insurance benefits. But "United Nations Convention on Sale of Goods" and "international INCOTERMS" have taken ownership of the goods and the principle of separation of risk transfer, transfer of ownership of goods not specified boundaries. The former to the goods' delivery of the first carrier "for the risk-border transfer of goods, the latter to" ship "for the industry to transfer risk, but both the transfer of ownership of the goods provided is not only a clear transfer of risk. Risk transfer in the separation of ownership and the principle, we can only "risk" to confirm the purchase, the seller of goods, rights and obligations, and thus the "risk" factors as insurance benefits.
1, FOB (or CFR) insurance benefits under the price According to the International Chamber of Commerce "2000 International Incoterms" which states: in the FOB and CFR price conditions, the risk of buyers and sellers
Division of the port of shipment of goods across the ship for the sector; by the buyer for the insurance (non-liability). In this case, the question arises in the FOB and CFR
Prices subject to insurance benefits under the insurance by the impact of the contract into effect, beginning and cessation of transfers, and insurance liability issues.
a. in the FOB and CFR price conditions, the buyer of insurance benefits and before shipment to the insurer's insurance contracts to purchase the interests of the validity of the insurance relationship with the effectiveness of the insurance contract is closely related, so to speak, there is no insurable interest in the insurance co-insurance contract is not valid The same. China's "Insurance Law" states: "the subject of insurance policy holders should have an insurable interest. The subject of insurance policyholders do not have insurance benefits, the insurance contract null and void." We know that in the FOB and CFR prices under the conditions of the buyer as the insured, the the insurance often is not having an insurable interest in goods. In practice, the insured person or his legal representatives are often in our country, "Insurance Law" provisions of the insurance interests of the defense that the insured when the insured has no insurable interest in goods, the insurance contract null and void, without compensation to the insurer. This requirement for the transfer of general insurance is not feasible, but the international shipping of goods insured is not feasible. If this requirement applies to international maritime cargo insured, then the FOB and CFR price conditions, the buyer must obtain ownership of the goods or take risks in order to buy insurance. Obviously, this is the practice of international trade in goods is incompatible. Therefore, this paper argues, one-sided understanding of "the interests of policyholders without insurance, the insurance contract null and void." Is wrong and does not meet the practical requirements to our "Insurance Law" the relevant provisions of international marine cargo insurance to determine the validity of the contract is harmful.
According to international marine cargo insurance, general provisions in the CFR and FOB prices under the conditions of trade practice, the buyer signed the contract after the first carrier or the shipment is not delivered prior to the insurer on the insurance this time, although because of the buyer not bear any risk of the goods, the goods do not have insurance benefits, but does not affect the buyer and the insurers entered into insurance contracts. When the first carrier or delivery of the goods across the ship's rail, the buyer bears the risk of the goods, the buyer of the goods having an insurable interest, insurance contracts, of course, to have effect.
b. In the CFR and FOB prices under the conditions of the insurance benefits and "warehouse to warehouse" clause "Warehouse to warehouse clause" is the more typical cargo insurance terms, it has a full, rigorous and universal character. In the CFR and FOB price conditions, usually the buyer's insurance also applies to "warehouse to warehouse" clause, that the insurer's liability insurance from the seller warehouse shipment beginning, but because of the accident, the insurance carrier or the first delivery of the goods across the ship's rail Before the buyer did not take the risk of the goods, nor to obtain the title to the goods in the insurance when the accident occurred, the buyer of the goods do not have insurance benefits. Therefore, the buyer as the insured and the insurer's insurance contracts entered into by the buyer when the goods in dangerous condition of the goods does not have insurance benefits and void, the buyer can not obtain insurance compensation. Therefore, in the FOB and CFR price conditions, the carrier or delivery of the goods across the ship's side before the first buyer in accordance with "warehouse to warehouse" clause has been insured to the fact there is no insurable interest does not change the status of the buyer. If the seller of the goods in the warehouse to ensure delivery of the first carrier or the ship's side this time over the insured event occurs, the insurer can the buyer do not have insurance benefits on the grounds that the insurance contract null and void, that the "warehouse to warehouse" clause of the actual The valid range is "side (ship port of shipment) to warehouse (warehouse buyer port of discharge)." So the seller for their own interest, should additionally protect their own warehouse to ship this section of the port of shipment insurance.
c.CFR and FOB prices and insurance benefits under the conditions of the transfer of insurance (1) FOB, CFR price conditions, the effectiveness of the policy transfer Section or on the case: (The reason why in this case repeat this demo out, let us deepen the impression, in order to better understand
This section is relatively complex content) of a certain import and export company in Fujian Province in China (the seller) and a French Limited (buyer) entered into joint
With, agreed by the seller to provide 20,000 boxes of canned asparagus, $ 15.50 per carton, FOB Xiamen, contract value is $ 310,000, receive letters of credit
15 days after delivery. Call the buyer the seller, requiring the amount of the invoice on their behalf to insure the goods to 110% of all risks Marseille, France. Received buy the seller
Side to open letters of credit and send its ships to the notice by the buyer to the A request on behalf of its insurance companies, insurance is the buyer of the insured, insurance policy
Stated on the delivery of departure for the seat manufacturers, Longyan City, the destination port of Marseille, France. However, three days after the cargo shipped from Xiamen, Longyan City
Hong Kong's way, as a result of the accident, resulting in 10% of the damaged goods. Later, the seller to insurance policies contain "warehouse to warehouse" clause on the grounds, to
A insurance company claims, but was refused. Also requests the buyer to the seller after the buyer's behalf with the insurance claim insurance company A one-way,
The same was rejected. In this case, the seller in his own name to the Fujian Provincial Intermediate People's Court, requiring the company to compensate its
Loss. Lost its court. The case, due to the turnover of FOB Xiamen, FOB port of shipment terms to buyers and sellers of the ship as the division of risk limits. That
Goods across the ship's rail in the port of shipment before the risks, including the loading dock or drop the goods when the damage caused by the sea, by the seller;
Goods across the ship's rail at the port of shipment, including during transport damage or loss occurred by the buyer. In this case, although
However, the seller of the goods accident, the subject matter of insurance have insurance benefits, insurance policies also contain "warehouse to warehouse clause", but the insurance policy
The insured is the buyer, the buyer exists between insurance companies and insurance valid contractual relationship, and import and export company in Fujian is not a guarantee that the seller
Risk of being a single insurer or lawful holder so that it is not right to claim. In addition, although the buyer, the French company is the case of insurance policies insured
And legally held, but the goods across the ship's rail in the port of shipment before, if you suffer, the interests of the insured person will not be affected, that is, its non-
There are insurance benefits, therefore, despite the insurance policies also contain "warehouse to warehouse clause", the buyer is not entitled to the goods across the ship's rail in the port of shipment before the loss
Loss of claims to insurance companies. Trading in the CFR, according to "2000 International Incoterms" provide that the buyer should be responsible for insurance, but because the seller is responsible for formulating
Li transport contract, the buyer often can not keep abreast of the shipment of goods, is not conducive to the insurance companies. In the FOB sale, although the buyer set
Up the contract of carriage, but there are not timely insurance issues. Therefore, the buyer before shipment in order to insure a timely manner, often commissioned a
The seller contracts for insurance, then the policy transfer from the seller to the buyer. Even the buyer may be commissioned in order to obtain lower premiums and out of some large
Insurance companies to export, re-insurance by the company to transfer to the buyer. The policy is often in the loading of the transfer, and loading of the risk transferred by the seller
Go to the buyer, the seller or the import and export companies have lost in the transfer or before the policy is not insurance benefits, policy transfer is invalid. The buyer can not be on the
Cargo damage claims to insurance companies. (2) resell the goods in transit, the effectiveness of the policy transfer FOB sale, the buyer often in transit to resell the goods CIF conditions, while the transfer of cargo insurance. If you enter into joint venture in
At the same time the transfer, despite the insurance and risk transfer time is not necessarily the same (policy may be transferred after the conclusion of the contract), the seller in the transfer of insurance
When one has lost insurance benefits, but the seller lost insurance benefits (the conclusion of the contract) the two sides reached an agreement transfer the insurance policy, that is to buy
Transfer the contract to sell insurance (usually CIF contract), so, although the transfer of insurance policies when the seller has lost insurance benefits, but the seller
Loss of time insurance benefits, and the buyer reach an agreement the transfer of insurance, the policy is in force transfer. But when the goods are delivered to the issuance of risk from
Documents containing the contract of carriage the carrier transfer (ie, when the shipment of the goods transfer), entered into a contract of sale was in transit, the seller risks have
Retroactive to the time of shipment of goods transferred to the CIF buyer, therefore, the seller (the original FOB buyer) insurance benefits are retroactive to the time of shipment loss (goods loaded
Ship, FOB the buyer has not received the original bill of lading, does not have ownership of the goods, it does not have an ownership interest), while in shipment
Before or at that time, the seller (the original FOB buyer) has not yet reached with the CIF buyer's agreement to any transfer of insurance (in this case, CIF contract of sale has not set
Li), so, according to the British Marine Insurance Act 1906 provides that the seller after the loss of insurance benefits, and before there is no express or implied
Transfer of insurance, the insurance null and void after the transfer, such as goods lost in transit, to be the policy of the CIF transfer policy is invalid because no buyer
France claims to insurance companies. According to the British Marine Insurance Act 1906 provisions come to this conclusion may be justified, after all, in transit
Transfer of cargo insurance is the usual trade practice and that practice did not affect the interests of insurance companies, because the goods in transit a
Straight in the possession of the carrier, who owns the goods in transit insurance policy does not affect the risk of change. Therefore, in practical operation in order to avoid
Insurance companies use this technical defense exclusions, to resell the goods in transit to accept the CIF buyer receiving the goods prior notice to ensure the best policy
Insurance companies, and require insurance companies to give up this technical defense, to confirm the effectiveness of policy transfer, or otherwise insured. (3) The buyer rejected the goods, the effect of the policy transfer Trading in the FOB or CFR, because the buyer is responsible for insurance, once the buyer to legally reject the goods, the risk from the buyer and then sold back to
Side, while the seller have title to the goods, the buyer lost insurance benefits, due to previous buyers and sellers do not transfer insurance agreement, this
After the transfer of insurance buyer is invalid. 2, CIF term insurance benefits under According to "2000 International Incoterms", the CIF price by the seller under the conditions of insurance. Insurance benefits in accordance with risk-taking decisions
Benefit principle, the goods' delivery of the first carrier "or" over the ship's rail "before, risks remain in the seller, the seller of goods having an insurable interest
; Goods' delivery of the first carrier "or" over the ship's rail "from the time, even if the seller still holds the bill of lading, the goods under the bill of lading does not affect the wind
Risk transfer, this time, the seller of goods since they no longer bear the risk of loss of insurance benefits of the goods. Therefore, the seller should be in the "delivery of the first
Carrier "or" over the ship's rail "before buying insurance, otherwise, he will face in the transfer of insurance contracts when there is no insurable interest in the situation. a.CIF sale in the effectiveness of the policy transfer In the CIF transactions, even though the seller has lost time in the transfer of the insurance policy benefits, but before the transfer of both parties have insurance agreement (CIF
Insurance transactions that the goods will be transferred to the buyer along with the bill of lading), so the effective transfer of insurance policies. b. the buyer to reject the goods, the insurance benefits and the effectiveness of the policy turn Turn on the insurance benefits, China's "Insurance Law", "Maritime" are no clear provisions. But China's "Contract Law" Article
148 provides for the transfer of cargo risk, specifically "because of the quality of the subject matter does not meet the quality requirements, making it impossible to achieve the purpose of the contract
, The buyer may refuse to accept the subject matter or terminate the contract. The buyer refused to accept the subject matter or terminate the contract, the subject matter damage, destroy
The risk of loss borne by the seller. "Through the above analysis the following conclusions: because the consignee / buyer to reject the goods, the risk of goods from abroad
Transferred to the buyer and seller, insurance benefits rotation occurred, because the seller has an insurable interest and have the right to claim the insurance company. From the above
Analysis that the international sale of goods, insurance benefits and risks of whether the transfer of closely linked, with an insurable interest is turning
The risk of re-transfer of goods occurs rotation. In the CIF sale, the seller is responsible for insurance, the buyer legally reject the goods, although the risk to and from buyer back to the seller (from negotiation
Bank refused payment, the buyer bears the risk of loss or damage occurs suspension), the buyer lost insurance benefits, it is a CIF sale
, The seller insured, and with the bill of lading and other relevant policy documents delivered to the buyer, the buyer refused to exercise the right, they have an implied obligation to:
Policy with the bill of lading and other documents relating to the goods returned to the seller, the buyer will lose the right to reject otherwise. This implied obligation in the United Kingdom from 1979
Sale of Goods Act: the buyer to exercise the right of rejection, such as the buyer and the seller has the goods to make the right actions are inconsistent, then the buyer will lose the right to reject, and, as
To receive the goods. CIF sale, because the seller is responsible for insurance, so when the buyer rejected the goods, while buyers and sellers to achieve a return (
Transfer) the policy of tacit agreement, the policy is effectively transferred to the seller. c. rotation policy after the seller of insurance defined benefit Conditions in the CIF price, legally reject the goods when the buyer, the policy is effectively transferred to the seller, the seller whether the insurance policy by virtue of the public
Secretary claims underwriting risk due to loss of goods caused it? Conditions in the CIF price, the buyer insurance benefits are not limited to the beginning when the property actually received, but should be back to the goods pass
Ship's rail at port of shipment. Because the goods upon shipment, the risk is transferred to the buyer, regardless of when the cargo is in the delivery what kind of situation, the buyer must be a combined
With the agreed purchase price. The buyer for the goods reach their destination safely obtained, will arrive on schedule due to damage to the goods or suffer losses. Buyer
Insurance benefits with the production of goods is based on the vital interests of this relationship, even though the time has not yet paid the purchase price, has not been property. But this
Kinds of insurance benefits to the buyer under the contract must be made by payment or acceptance redeem redeem way of legally acquired property as a precondition. In the former
Mentioned, the risk and insurance interests between buyers and sellers are simultaneously transferred, the buyer has the right to cross the ship's side after the loss to the insurer claims
Lose, if the buyer because the goods were insured delivery or refuse to withhold payment after delivery, it means that the property revert to the seller. From the "United Nations
Convention on Contracts for the International Sale of Goods "and China's" Contract Law "can clearly see this: According to the contract price to pay for goods and collection of goods
The buyer's obligation, if the buyer refuses to perform, constitutes a fundamental breach of contract, the seller may declare the contract null and void. This due to strict party
Re leaving the other party the right to cancel the default view for the world generally recognized by law. Thus, the buyer does not pay the purchase price
Cases, ownership of the goods still belong to the seller. In the CIF contract, the seller of consignment goods, within the limits of their responsibility, that is, before the goods pass the ship's rail at port of shipment, with the insurance benefit
Benefits. Ship, cargo insurance benefits along with the risk transferred to the buyer. Because transportation is dangerous loss of goods caused by the accident,
The seller does not occur directly at stake, although the seller still owns the property. However, the transfer of such insurance benefits based on a single delivery for the buyer's redemption
Premise. In this context, the seller of goods across the ship's rail accident occurred after the loss of insurance the insurer has no right to claim. If the buyer due to security
Accident insurance refuse to pay delivery or delivery and refuse to worry. Then across the ship's rail division has no significance risk, insurance risk and material interests is bound with
With the right to revert to the seller, the seller has been transferred by endorsement of the policy should be considered as not effective transfer. Loss occurs, even if the losses occurred over the ship
Side, even if the policy has been transferred by endorsement, also because the seller has an insurable interest and the right to claim to the insurer. This non-payment by the buyer refused delivery or
Payment risks arising from a "possible insurance benefits" for the international trade of goods sold, the seller has held a kind of insurance benefits
, UK "Marine Insurance Act 1906" call "or interest", that is, as a result of accidental or accident benefits. Because the seller has
The possibility of insurance benefits, the same can be insured shipping insurance to ensure ownership of the goods is also part of the seller in the way of safety. However, if the policy to the buyer or the designated banks for the insured, then the seller in any case not entitled to rights under the policy
Benefits. Unless the seller in a shipment of the goods insured before shipping insurance at the same time, the seller benefits insured risk, in the individual insurance, if the buyer because of an accident leading to damage to cargo and refuse to pay the insurance payment by the insurer liable for compensation. But in the end to do with which side the insured, the insurance operation in practice will be based on the actual situation, the ninth largest festival will be a detailed analysis of this issue
