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在FOB贸易术语下出口一般是由进口人租船订舱,如果进口人与契约承运人恶意串通,通过无单放货的方式对国内出口人进行欺诈活动。那么应由谁来承担相应的民事赔偿责任?首先应由进口人和契约承运人承担责任。如国内货代被证明参与了欺诈活动或者明知代理的事项违法仍然进行代理活动,那么国内货代也应承担连带赔偿责任。如进口人和契约承运人下落不明或无实际赔偿能力,而国内货代主观上也并无过错,应由出口人和国内货代按公平责任原则承担适当的责任。
Under the FOB trade terminology, exports are generally chartered by the importer, and if the importer and the contract carrier maliciously colluded, the domestic exporter would be fraudulently engaged in the act of unbilling the goods. Then who should bear the corresponding civil liability for compensation? First, the importer and the contract carrier should bear the responsibility. If the domestic freight forwarder is proved to be involved in fraudulent activities or knowing that the agent’s matters are illegal and the agent is still acting, domestic freight forwarders should also bear joint and several liability. If the importer and the contract carrier are missing or have no actual compensation ability, and the domestic freight forwarder is subjectively not at fault, the exporter and the domestic freight forwarder should assume appropriate responsibilities according to the principle of fair liability.