The freight forwarder organises and guarantees the transport of goods. Their involvement in the logistics chain is governed by precise rules. Their status, obligations and responsibilities structure commercial exchanges.
The legal status of the freight forwarder
A freight forwarder is defined as an intermediary who organises transport on behalf of a customer. They act in their own name but on behalf of others.
Three criteria determine its qualification:
- Intermediary position without direct transport
- Autonomous organisation with freedom of ways and means
- Action in his own name
This qualification distinguishes it from the freight forwarder (a simple agent), the freight broker (who does not contract in its own name) or the carrier (who carries out the transport).
The profession is regulated. It imposes strict conditions: professional competence, good repute, entry in the official register. Practising without registration is an offence punishable by imprisonment and a fine.
For a detailed examination of this legal status, see our article on the legal status of the freight forwarder.
The freight forwarding contract
Contracts are formed by the simple agreement of the parties. Although consensual, it requires a written document to define the contractual relationship.
In the absence of a written agreement, the standard freight forwarding contract applies automatically. This regulatory text sets out the obligations of the parties and the conditions of liability.
The essential obligations of the commission agent include
- Duty to advise on appropriate modes of transport
- Organisation and monitoring of end-to-end transport
- Preservation of the principal's rights
The principal must:
- Provide precise information about the goods
- Hand over correctly packaged goods
- Pay the agreed price
To secure his claims, the commission agent has a lien on the goods and documents. This right confers priority and retention until payment.
Our article on the freight forwarder's contractual obligations details these essential aspects.
The liability of the freight forwarder
The commissionaire's liability regime has a characteristic duality:
Personal liabilityThe commission agent is liable for his own faults. This liability arises from an obligation of result. The freight forwarder guarantees that the goods will arrive on time and in good condition. Proof of damage is sufficient to incur liability.
Causes for exemption include:
- Force majeure
- Act of a third party or of the principal
- Defects in the goods
Personal liability can be limited by contractual clauses, unlike that of the carrier.
Substitute liabilityThe freight forwarder guarantees the acts of the carriers and intermediaries he chooses. This guarantee, which is specific to French law, applies when the choice is free. It covers all damage attributable to the substitutes.
The freight forwarder may plead in his defence:
- Grounds for exoneration of substitutes
- Legal limitations on repairs
- Dismissals and statutes of limitations
To find out more about this liability regime, see our article on the liability of the freight forwarder offers a complete analysis.
Advantages of using a commission agent
Despite its extensive liability, the commission agent brings undeniable benefits:
- Expertise in markets and regulations
- International network of correspondents
- Centralised administrative management
- Volume-optimised pricing
- A single point of contact in the event of a problem
- Advice on securing shipments
For exporting and importing companies, commission agents enable them to concentrate on their core business by delegating logistics.
Our law firm specialises in all aspects of transport law. Consult our page transport law services to find out more about our expertise.
Conclusion
Mastering the legal framework of freight forwarding secures international operations. It enables risks to be anticipated and disputes to be resolved effectively.
For a personalised analysis of your situation, contact our firm. Our transport lawyers will provide you with precise, tailored advice.
Frequently asked questions
What's the difference between a freight forwarder and a forwarding agent?
The commission agent acts in his own name with autonomy and extensive liability. Freight forwarders carry out specific instructions as agents with limited liability.
Is the freight forwarder liable for delays?
Yes, the freight forwarder guarantees delivery times, except in cases of proven force majeure.
What are the compensation ceilings for losses?
Under the standard contract, compensation is limited to €20 per kg of goods, up to a maximum of €5,000 per tonne.
Can the freight forwarder refuse liability for damage caused by the carrier?
No, they are responsible for the carriers they choose, unless the carrier has been imposed on them.
Can the principal take direct action against the carrier?
Yes, Article L. 132-8 of the French Commercial Code provides for direct action against the land carrier.
What is the difference between a commission agent and a subcontracting carrier?
The freight forwarder organises the transport without carrying it out. A carrier who subcontracts remains a carrier with the corresponding obligations.
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