Administration Business International

INCOTERMS 2010

In the context of the globalization process, Significant transformations that operate in the political, social and especially Important Challenges In the legal sphere. These challenges require the intervention of a law which, in the Innovate, adapt to these changes and Be an instrument that will achieve Ensure both the constant development of better cooperation mechanisms Such as the effective regulation of the markets, but without imposing demands That may distort the free traffic of goods. In this context, it represents Importance of the study of terms Facilitate this task as are INCOTERMS.

INCOTERMS are not:

. There are no laws and they are not obligatory between the parties

. No child transportation term

. No insurance term child

. No child payment terms

. They do not determine the transfer of ownership of the merchandise

. It does not involve recourse to ICC arbitration.

Because of the above, this article will attempt to make the most clear possible Utility, function and most relevant aspects Of the rules that refer to the last INCOTERMS, published in 2010 that, According to the definition that it offers us Dr. Víctor Pérez, "are compilations Terms of international trade with Which express the obligations of Buyers and sellers. They help Remove language barriers and provide security Commercial relations.

 Specifically in relation to INCOTERMS 2010 the same Chamber of International Trade (ITC) has To these as follows:

 "The Incoterms rules, which are The ICC rules on the use of National trading terms and International organizations, facilitate the Global business. the reference To an Incoterms 2010 rule in the Contract of sale defines with Clarity the respective obligations of the parties and reduce the risk of Legal complications. "

                

  

   

   

 INCOTERMS are not just statements Which seek to clarify relations between Sellers and buyers in the context of international trade, but also, are truly worldwide standards Accepted in order to provide the Order and legal certainty that they require Commercial transactions.

 INCOTERMS, since its inception, have Has undergone constant changes through the years. However, the objective of ICC has been to systematize the use of Rules that already governed world trade, which is common in Commercial Law International, and it can be said that one of its main features. 

The fact that Trade is so dynamic, it requires that Laws are being adapted to the various Negotiations between traders, but this Not always able to get the speed with the one that mutates the commercial relations Towards more efficient and cost- Compromise, which is why many times Happens first that relationships occur and then systematized in Written rules, as has happened in the Case of INCOTERMS.

                        

In view of the above, and in order to maintain such provisions is Which historically has been given the need Revised and expanded. When the commercial situation warrants it, which allows the evolution of these Agreement with the socio-economic context in Which are developed.

The development of INCOTERMS Over time has allowed to add or Delete items to fit the needs of the historical moment When they should be applied. However, can determine how one of the advances Most important in this field are that these Have been modified in order to adapt them to the digital age, establishing regulations for the exchange of information Through electronic means.

Classification and provisions Of INCOTERMS 2010

 The INCOTERMS constitute a of international rules, drafted by The International Chamber of Commerce, which determine the scope of the Commercial clauses included in the International sales contract TO the INCOTERMS have been called, Also, price clauses, since each Term implies elements that allow Determine the costs incurred by the Parts for the final delivery of the goods. However, even though the selection Of the commercial term influences the Cost of the contract, INCOTERMS does not Refer to the issue of price in any Their regulations.

204 As mentioned above, the INCOTERMS Refer to several key points of the international contract of sale, as they are: the delivery of goods, The transmission of risks, the distribution of Expenses and customs formalities.

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 In this way, it is important to note that in respect of the delivery of the goods, these can be delivered to the buyer Properly, when it is, generally, the terms "E" and "D" are used; Or when the Merchandise is delivered to an intermediary, which may be a carrier, are used Most commonly the terms "F" and "C".

 In relation to the transmission of risks, the basis of INCOTERMS to define the Transmission of risks is limited to a Specific moment and geographic space determined. The mentioned space May refer to a factory, Dock, border, etc..; For its part, the Shall be determined by the Delivery of the goods. The union of both Elements will lead to the transmission of Risks and expenses.

 At this point, it is important to note that there is no Should confuse the transmission of risks with the transfer of ownership, which will be Regulated by the law governing the contract of sale for the particular case.