Legal establishment of the contract of international sale of goods by INCOTERMS 2010 rules.

• Autores: Diana Marinova
• Localización: Revista Europea de Derecho de la Navegación Marítima y Aeronáutica, ISSN 1130-2127, Nº 28, 2011, págs. 19-34
• Idioma: inglés
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• Resumen

  • The INCOTERMS rules of the ICC – Paris on the use of domestic and international trade terms facilitate the conduct of global trade. Reference to an INCOTERMS 2010 rule in a sale contract clearly defines the parties' respective obligations and reduces the risk of legal complications and legal deals. The INCOTERMS rules describe mainly the tasks, costs and risks involved in the delivery of goods from sellers to buyers. The chosen INCOTERMS rule needs to be appropriate to the goods, to the means of transport and to whether the parties intend to put additional obligations, for example the obligation to organize carriage or insurance. INCOTERMS rules do say which party to the sale contract has the obligation to make carriage or insurance arrangements, when the seller delivers the goods to the buyer and which costs each party is responsible for. But they do not establish anything about the price or about the method of payment, neither about the transfer of ownership of the goods or the consequences of a breach of contract. All these matters are arranged in the contract or in the law governing the contract. The number of INCOTERMS rules has been reduced from 13 to 11. Two new rules – DAT and DAP – have replaced the 2000 rules DAF, DES, DEQ and DDU. Under both new rules delivery occurs at a named destination: in DAT…delivered at terminal – at the buyer's disposal unloaded from the arriving vehicle (as under the former DEQ rule); in DAP…delivered at place, likewise at the buyer's disposal, but ready for unloading (as under the former DAF, DES and DDU rules). The 11 INCOTERMS 2010 rules are presented in two distinct classes: I class – Rules for any mode or modes of transport: EXW – Ex works, FCA – Free carrier, CPT – carriage paid to, CIP – carriage and insurance paid to, DAT – delivered at terminal, DAP – delivered at place and DDP – delivered duty paid. In the second class the rules are as follows: Rules for sea and inland waterway transport – FAS – Free alongside ship, FOB – Free on Board, CFR – Cost and freight and CIF – Cost, insurance and freight. INCOTERMS rules have traditionally been used in international sale contracts. But in various areas of the world trade blocs, like the European Union, have made borders formalities less significant. Consequently, the subtitle of the INCOTERMS 2010 rules formally recognizes that they are available for application to both international and domestic sale contracts. Previous versions of INCOTERMS rules have specified those documents that could be replaced by EDI messages. INCOTERMS 2010 rules give electronic means of communication the same effect as paper communications. The INCOTERMS 2010 rules clarify the sale's parties' obligations in the regard of insurance. The new rules represent more information about the security in the movement of goods and the terminal handing charges. INCOTERMS 2010 recommend also the rules about so named "string sales" where cargo is frequently sold several times during transit "down a string". As in the INCOTERMS 2000 rules, the seller's and buyer's obligations are presented in mirror fashion, reflecting under column A the seller's obligations and under column B the buyer's obligations.