인코텀즈 2010의 주요 개정내용과 적용상의 유의점 (Main Revisions and Some Recommendations of the IncotermsⓇ 2010)

서지정보

· 발행기관 : 한국무역상무학회
· 수록지 정보 : 무역상무연구 / 49권 / 3 ~ 41페이지
· 저자명 : 최명국

초록

In this article, the author have studied on main revisions and some recommendations of the IncotermsⓇ 2010.
Main revisions are as belows.
1. Two new Incoterms rules -DAT and DAP- have replaced the Incoterms 2000 rules DAF, DES, DEQ and DDU. 2. New classification of the IncotermsⓇ 2010 are adopted. First class is Rules for any mode or modes of transport(EXW, FCA, CPT, CIP, DAT, DAP and DDP belong to this class.) and second class is rules for sea and inland waterway transport(FAS, FOB, CFR and CIF belong to this class.). 3. IncotermsⓇ 2010 rules formally recognizes that they are available for application to both international and domestic sale contracts. 4. The Guidance Notes and Introduction are not part of the actual IncotermsⓇ 2010 rules. 5. Under the FOB, CFR and CIF, all mention of the ship's rail as the point of delivery has been omitted in preference for the goods being delivered when they are "on board" the vessel. 6. IncotermsⓇ 2010 rules include the obligation to 'procure goods shipped' as an alternative to the obligation to ship goods in the relevant Incoterms rules. 7. IncotermsⓇ 2010 rules give electronic means of communication the same effect as paper communication. 8. IncotermsⓇ 2010 rules have allocated obligations between the buyer and seller to obtain or to render assistance in obtaining security-related clearances. such as chain-of custody information.
Some recommendations are as belows.
1. The parties must incorporate the IncotermsⓇ 2010 rules into their contract of sale. 2. The parties must choose the appropriate IncotermsⓇ 2010 rules. 3. Specify the place or port as precisely as possible in their contract of sale. 4. Remember that IncotermsⓇ 2010 rules do not give the parties a complete contract of sale. 5. IncotermsⓇ 2010 rules do not prohibit alteration of Incoterms rule, but there are dangers in so doings. In order to avoid any unwelcome surprises, the parties would need to make the intended effect of such alterations extremely clear in their contract.

영어초록

In this article, the author have studied on main revisions and some recommendations of the IncotermsⓇ 2010.
Main revisions are as belows.
1. Two new Incoterms rules -DAT and DAP- have replaced the Incoterms 2000 rules DAF, DES, DEQ and DDU. 2. New classification of the IncotermsⓇ 2010 are adopted. First class is Rules for any mode or modes of transport(EXW, FCA, CPT, CIP, DAT, DAP and DDP belong to this class.) and second class is rules for sea and inland waterway transport(FAS, FOB, CFR and CIF belong to this class.). 3. IncotermsⓇ 2010 rules formally recognizes that they are available for application to both international and domestic sale contracts. 4. The Guidance Notes and Introduction are not part of the actual IncotermsⓇ 2010 rules. 5. Under the FOB, CFR and CIF, all mention of the ship's rail as the point of delivery has been omitted in preference for the goods being delivered when they are "on board" the vessel. 6. IncotermsⓇ 2010 rules include the obligation to 'procure goods shipped' as an alternative to the obligation to ship goods in the relevant Incoterms rules. 7. IncotermsⓇ 2010 rules give electronic means of communication the same effect as paper communication. 8. IncotermsⓇ 2010 rules have allocated obligations between the buyer and seller to obtain or to render assistance in obtaining security-related clearances. such as chain-of custody information.
Some recommendations are as belows.
1. The parties must incorporate the IncotermsⓇ 2010 rules into their contract of sale. 2. The parties must choose the appropriate IncotermsⓇ 2010 rules. 3. Specify the place or port as precisely as possible in their contract of sale. 4. Remember that IncotermsⓇ 2010 rules do not give the parties a complete contract of sale. 5. IncotermsⓇ 2010 rules do not prohibit alteration of Incoterms rule, but there are dangers in so doings. In order to avoid any unwelcome surprises, the parties would need to make the intended effect of such alterations extremely clear in their contract.

참고자료

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