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The Defining Role of Delivery Conditions in International Trade of Goods by Sea for the Detection of Irregularities and Non-Conformities

Author

Listed:
  • Florin TUDOR

    (Faculty of Law and Administrative Sciences, “Dunarea de Jos†University of Galati Romania.)

  • Stefania MIRICA

    (Faculty of Law and Administrative Sciences, “Dunarea de Jos†University of Galati.)

Abstract

It is well known that Incoterms rules have emerged in a context where the need for trade uniformity justifies the decision to introduce a common set of regulations on international trade. Relevant is that these delivery conditions are not mandatory, they only have the role of supporting the actors involved in international trade of goods, but if the parties agree to use them, they become mandatory. Unfortunately, practice shows that, in many cases, they are misinterpreted and used in clear contradiction with the other provisions of the commercial sale contract, in complete disagreement with the recommendations of the International Chamber of Commerce. The inconsistencies in the interpretation of some delivery conditions often encountered in relation to the provisions of the commercial contract for the international transport of goods by sea are surprising. Through this paper, we aim to identify the most important mistakes resulting from practice and somehow try to correct them, so that all these possible irregularities and frauds do not further affect the EU's financial interests.

Suggested Citation

  • Florin TUDOR & Stefania MIRICA, 2022. "The Defining Role of Delivery Conditions in International Trade of Goods by Sea for the Detection of Irregularities and Non-Conformities," International Investment Law Journal, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 2(1), pages 93-98, February.
    • Handle: RePEc:sja:journ1:v:2:y:2022:i:1:p:93-98
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    File URL: http://www.investmentlaw.adjuris.ro/articole/An2v1/6.%20Tudor,%20Mirica.pdf
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    References listed on IDEAS

    as
    1. Stojanović, Đurđica & Ivetić, Jelena, 2020. "Possibilities of using Incoterms clauses in a country logistics performance assessment and benchmarking," Transport Policy, Elsevier, vol. 98(C), pages 217-228.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    Incoterms; delivery conditions; customs; shipping; irregularities; fraud.;
    All these keywords.

    JEL classification:

    • K19 - Law and Economics - - Basic Areas of Law - - - Other
    • K29 - Law and Economics - - Regulation and Business Law - - - Other
    • K39 - Law and Economics - - Other Substantive Areas of Law - - - Other

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