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The problems for the usage and practical application of INCOTERMS 2010 in international trade contracts

국제 물품매매계약에서 INCOTERMS 2010의 사용 현황과 실무적 적용의 문제점

  • Received : 2015.07.03
  • Accepted : 2015.08.11
  • Published : 2015.12.31

Abstract

INCOTERMS 2010 apply to the International Trade Contract for the last 5 years. The export trade condition and the document type for last 10 years was researched to analysis of the practical problems of INCOTERMS 2010 application. The result of the research; First, several rules which are against the official INCOTERMS 2010 rules are used. Second, the conventional rules like FAS FOB, CIF and CFR which are used for the ocean and inland transportation are applied without any changes. Third, the issue of the time of delivery(transfer of ownership) at the CPT and CIP affects not to activate these two rules. Fourth, the frequency of the DAT use is low. Because, the terminal designate is hard at the point of the contract and the terminal is changeable during the transport. According to these issues, the active publicity campaign is needed for the INCOTERMS 2010. And, the analysis of the terms and the solution of conflict are also needed.

Keywords

International trade contract;Rule;multimodal transport

References

  1. United Nations Convention on for the International Sale of Goods(1980) : Vienna Convention.
  2. ICC(International Chamber of Commerce),Korea comm. INCOTERMS 2000, pp.4-5.
  3. S .H. Jeon, International trade Practice, Han-Wool, 2013, p.223.
  4. 2000 Bulk Trading Corporation Ltd. v. Zenziper Grains and Feedstuffs, 2011, Lloyd"s Rep. p357.
  5. D. W. Lee, International trade contract, Pub. doonam, 2010, p.211.
  6. F. Wilson, Carriage of Goods by Sea, 4Ed. Peasson Education Ltd. 2001, p.215.
  7. Y.K. Lee, International trade Practice, Samyoung-sa, 2015, p217.
  8. C.C. Oh, the research for Incoterms 2010 D-Terms Pub.15, 2001, p.11.
  9. Clive M. Schmitthoff, Schmitthoff's Twport Trade, 10th ed., Stevens & Sons, 2000.
  10. S. H. Han, A Study on the Limitation in Application of Trade terms on Changes of International Commercial Custom,2013, p.140.