• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.3-37
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• 2014

The purpose of this paper is to examine thoroughly on passing of risk in contracts for the international sale of goods. Articles 66~70 of the CISG contain provisions on passing of risk. Article 66 states the main effect of passing risk to the buyer. Article 67~69 determine the decisive point in time which the risk passes from the seller to the buyer and article 70 attempts to explain the relation between passing of risk and fundamental breach of contract by the seller. As in the case corresponding Incoterms rules, the main issue to be resolved is which party should bear the economic consequences in the event that the goods are accidentally lost, damages or destroyed. Many cases also apply CISG articles 66~70 to contracts in which parties not agree on the use of trade terms such as CIF, CFR, FOB and FCA in Incoterms[R] 2010 Rule that provide for when the risk passes. In order to minimize disputes that may arise under contract, when drawing up a contracts for the international sale of goods, the specifics of agreement should be clearly stipulated. Consequently, the parties of contracts for the international sale of goods should take adequate measures, and it is required to prepare the contracts clearly as the specific terms to prevent and resolve contractual disputes on passing of risk.

• International Commerce and Information Review
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• v.13 no.3
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• pp.459-485
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• 2011

This paper examines the seller's obligation to deliver documents conforming to the terms of the sales contract as set forth in articles 30 and 34 of the CISG. Article 30 obliges the seller to band over documents relating to the goods. This obligation to band over documents is further elaborated in article 34. According to article 34, the documents must be tendered at the time and place, and in the form, required by the contract. If the seller has delivered non-conforming documents before the agreed time, he has the right to remedy the defects if this would not cause the buyer unreasonable inconvenience or expense. However, the buyer can claim any damages suffered despite the seller's remedy. Specific emphasis is placed on the interplay between the CISG and Incoterms. Incoterms contain detailed rules governing the obligations of the seller to provide for documents. Incoterms constitute international trade usage under articles 9(1) and 9(2) CISG and supplement construction of CISG with UCP under L/C transaction. In the event of failure by seller to deliver the necessary documents, the buyer has certain remedies available, such as the right to claim damages, the right to demand specific performance, and the right to repair. Furthermore, the failure to deliver the required documents under contract constitute a fundamental breach of the underlying sales contract as defined by article 25 of the CISG by the seller, and thereby enable the buyer to avoid the contract entirely article 49. However, it is stressed that since one of the main principles of the CISG is the preservation of the contract, the avoidance of the contract should remain a remedy of last resort.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.11
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• pp.7-21
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• 1998

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.3-31
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• 2010

The passing of property in goods affects contractual rights and duties. It is the point on which depend issues as diverse as the seller's entitlement to sue for the price and the incidence of risk of loss of casualty to the goods. The passing of property may also have an incidental effect on the remedies of the parties, including specific performance. But Incoterms do not deal with how the goods should reach the agreed point of delivery. While Incoterms specifically deal with questions of division of risk of loss of or damage to the goods between seller and buyer, they do not deal with property or transfer of title of the goods. Indeed, it was not even possible to agree on uniform rules on these questions in the CISG. Therefore, the parties to a contract of sale should provide for these matters themselves in the contract of sale and closely observe what the applicable law requires for the transfer of ownership to the goods and other property rights.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.3
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• pp.7-47
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• 1992

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.6
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• pp.11-51
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• 1993

This study is focused on the problems and the suggestions of proper ideas for solving them which are arisen from appling CIF, Incoterms 1990 into the contract of sale after reviewing of the contents of traditional CIF contract and the main changes of CIF, Incoterms 1990. This study summerized as follows: First, when the seller provide the buyer with non-negotiable sea waybill or inland waterway document instead of negotiable bill of lading, it is my feeling that the essence of symbolic delivery in traditional CIF contract is fading. And if the buyer has paid for the goods in advance, or a bank wishes to use the goods as security for a loan extended to the buyer, it is not sufficient that the buyer or the bank be named as consignee in a non-negotiable document. This is true because the seller by new instractions to the carrier could replace the named consignee with someone else. To protect the buyer or the bank it is therefore necessary that the original instructions from the seller to the carrier to deliver the goods to the named consignee be irrevocable. Second, CIF term can only be used for sea and inland waterway transport. When the ship's rail serves no practical purposes such as in the case of roll-on/roll-off or container traffic, CIP term instead of CIF term is more appropriate to use. Third, the EDI method still contains many legal and technical problems to be solved in order to be used thoroughly' in the international sale of goods. Therefore, the parties wishing to replace the traditional paper-based trade documents by electronic messages must exchange the agreement on EDI each other in order to prevent and sol ye unexpected problems. Forth, it may be that the goods are to be carried in bulk without such marking or naming of consignee as would amount to appropriation. Then the risk will not pass until effective appropriation has been made. Therefore, the seller needs to appropriate by issuing of separate bills of lading or delivery orders for parts of the bulk cargo. And in case the goods are bought while they are carried at sea, some problems on the passing of risk would arise. One possibility is that the buyer might have to assume risks which have already occured at the time when the contract of sale is entered into force. The other possibility would be to let the pissing of the risk concide with the time when the contract of sale is concluded. The parties are advised to ascertain the applicable law and any solution which might follow there form. Finally, Incoterms are restricted to deal with the main principles for the division of functions, costs and risks between the parties and the rest is left to their individual contract as supplemented by the custom of the trade, the individual terms of the contract of sale and the applicable law. Thus, the parties are advised to ascertain the applicable law on their individual contract of sale in order to solve the problems on the transfer of property, the remedy and so on.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.83-103
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• 2000

Through the this paper, a conclusion could be derived from CISG PICC MISC made by UNIDROIT, UNCITRAL, ICC of representative system making out a draft for uniform law, convention, trade usages. (1) In short, like most int'l sales rules applicable to commercial contracts, these rules play a supporting role, supplying answers to problems arising from transaction between the parties. (2) Though every one has in its own way a special feature, use of MISC made on the basis of actual facts which the parties are faced with their daily transactions, CISG and Incoterms being now in force, is desirable. (3) In case of use of MISC similar to a system of Incoterms, as PICC, it is necessary for MISC to set forth definitions about important terminology which is possible to give concerned parties confusion. (4) In a sense, PICC has a character complementing problems which CISG can not solve, therefore, if int'l agreement is given, it is desirable to adopt revised PICC adding specials conditions (A) of MISC as appendix of PICC such as Llouyd's Form in an appendix to MIA, as int'l convention.

• Korea Trade Review
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• v.47 no.4
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• pp.69-88
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• 2022

Recently, International commerce has continuously expanded with the development of logistics technology. However, the cost of international logistics is rising rapidly. The Korea International Trade Association (2021) proposes that the use of international commercial terms in Incoterms® could be an effective way against logistics costs. The purpose of this study is to verify the effect on the flexible operation of international commercial terms. For the detection of variables and data collection for empirical analysis based on previous studies and in-depth interviews. The questionnaires were distributed after pilot-study to a random sample of companies based on the list of members such as the Korea International Trade Association, the Korea Trade-Investment Promotion Agency, and the Global Small and Medium Business Association. A total of 800 questionnaires were distributed, and 166 were used for empirical analysis. The results of this study are as follows. First, mutual cooperation and Flexibly using of international commercial terms has a positive (+) effect on logistics efficiency. This is in line with the study of Yang (2021) and Stojanović et al. (2021) that logistics by using international commercial terms will increase the efficiency of logistics. Second, use of international commercial terms based on mutual understanding mediates the relationship between the logistics environment of the other country and the logistics efficiency. As in the study of Vidrova (2020), it is important to operate on international commercial terms mutually.

• Agribusiness and Information Management
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• v.4 no.2
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• pp.32-41
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• 2012

Studies have shown that the future of the wine market rests on the effective and efficient changes in technology to the supply chain used by most of the major global players. In today's wine industry, companies are faced with the ever-shifting demand for their products, strict regulation and increasing price competition. Even at that, mature companies in the wine industry are succeeding by scaling up production, streamlining their supply chains, expanding into new geographic areas, implementing more efficient processes, cleverly marketing products, and focusing on ever closer relationships with suppliers, partners and customers. However, this paper looks at supply chain challenges in the wine industry from a global perspective presented in the inbound, manufacturing and outbound processes as well as offer effective solutions in order for companies to gain a competitive advantage and succeed on a global level.

• East Asian Journal of Business Economics (EAJBE)
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• v.11 no.4
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• pp.29-39
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• 2023

Purpose - Disputes arising from documentary letter of credit transactions are not decreasing. According to a statistical data from the ICC, 60-70% of letters of credit in use around the world, so, Incoterms rule specifically defines the bill of lading review procedure. Research design, data, and methodology - The refusal due to large or small inconsistencies in terms and conditions when first presenting documents with bill of lading. First of all, confusion was caused by the ambiguous regulation as the bill of lading is a document that serves as evidence of the transportation contract. Result - Bill of lading indicates the rights to the cargo as well as a bill of lading, which is evidence of a transportation contract concluded between carriers, is a document that allows a carrier to receive or ship cargo and ship it by sea. It is a security that promises to be delivered through transportation to the rightful holder of the bill of lading. Conclusion - Because of its importance, the Uniform customs practices for Letters of Credit stipulate acceptance requirements for transport documents, including bills of lading. In addition, the International Standard Banking Practices (ISBP) established by the International Chamber of Commerce also provide supplementary provisions.