FOB与CIF是国际贸易合同最常用的两种贸易术语。作为交货条件,CIF一般被视为象征性交货。对FOB虽然意见不一,但归之于实际交货的主张占上风。本文试从影响交货性质的承运人地位、运输单据性质,以及通常作为象征性交货特征的单款对流关系三个方面,结合《1990国际贸易术语解释通则》(下称《90通则》)的有关规定,对这两种术语的交货性质提出一些看法。 一、承运人地位的影响 现代国际贸易,买方亲临货物出口地直接接受卖方交货的情形极其罕见,通常都是由承运人作为运输中介,在出口装运港收取卖方交付的货物,然后将货物运至进口目的港交于买方。买卖双方未直接 FOB and CIF are the two most commonly used trade terms in international trade contracts. As a delivery condition, CIF is generally regarded as a symbolic delivery. Although the opinion on the FOB is not uniform, the claim that is attributed to actual delivery has the upper hand. This article attempts to combine the status of the carrier affecting the nature of the delivery, the nature of the transport document, and the single-stream convection relationship that is commonly used as a symbolic delivery feature, combined with the “1990 Incoterms Interpretation Principles” (hereinafter referred to as “90 General Principles”). The relevant provisions provide some views on the nature of the delivery of these two terms. I. Influence of carrier status In modern international trade, it is extremely rare for a buyer to directly accept the seller’s delivery at the place where the goods are exported. It is usually the carrier who acts as a transportation agent to collect the goods delivered by the seller at the export port of shipment and then transport the goods. The port of destination to the importer is delivered to the buyer. Buyers and sellers are not directly