Determining the validity of right of claim for delivery of railway waybill
Determining the validity of right of claim for delivery of railway waybill
——Chongqing Fuqi Automobile Sales Co., Ltd. v. Chongqing Sinotrans Logistics Co., Ltd. and other property disputes
[basic case]
In february2019, Sinotrans, logistics finance company and YINGSA signed the cooperation agreement on railway bill of lading automobile import business, which stipulated that: YINGSA company imports a batch of automobiles from abroad, and takes the railway bill of lading as the document and delivery voucher under the settlement method. Sinotrans receives imported goods abroad and issues railway bills of lading. After signing the IMSA vehicle sales contract with Fuqi company, YINGSA company shall deliver three originals of railway bill of lading endorsed by overseas exporters and logistics finance companies to Fuqi company. After the goods arrived at the destination by the China Europe train, Fuqi company requested Sinotrans to take delivery of the goods with the railway bill of lading, and presented the original railway bill of lading and the original vehicle delivery certificate to Sinotrans. Sinotrans refused to deliver the goods, so Fuqi company sued it to the court for confirmation of the ownership of the goods and delivery of the goods.
[judgment result]
The people’s Court of Chongqing pilot free trade zone held that the railway bill of lading involved in the case was the promise made by the issuer to deliver goods to unspecified holders of railway bill of lading through agreement and railway bill of lading. YINGSA company, as the owner of imported vehicles, has agreed with Foqi company that the delivery of railway bill of lading shall be deemed as the delivery of vehicles, which complies with the provisions of the property law on instructed delivery. Due to the corresponding relationship between the railway bill of lading and the right of claim for delivery, after receiving the railway bill of lading, Fuqi company enjoys the right of claim for delivery of vehicles under the railway bill of lading. Accordingly, the judgment confirms that the company enjoys the ownership of the goods under the railway bill of lading; Sinotrans delivers the goods under the railway bill of lading to Fuqi company.
[typical meaning]
Railway waybills are a new business model generated by the promotion of the “the Belt and Road” international land trade relying on the China Europe train. The people’s court shall respect the parties’ autonomy and ensure the transaction safety according to law without violating the mandatory provisions of laws, administrative regulations and social public interests. The railway waybill does not constitute the bill of lading stipulated by the property law, and the realization of the right of claim for delivery should depend on the contract agreement of the parties and the record of the waybill itself. In this case, the parties agreed that the contracting carrier issued the international railway bill of lading and made it clear that the holder has the right to claim delivery of goods. The transfer of this document shall be deemed as the transfer of the right to claim delivery of goods, which belongs to a special form of instruction delivery. The case recognizes the railway waybill under the existing legal framework, which is an active exploration of the innovative railway waybill, and is conducive to promoting the construction of the rules of China EU international land trade.
