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학술논문성균관법학2011.04 발행KCI 피인용 6

IncotermsⓇ 2010에 관한 서설적 고찰

A Study on the Outlines of IncotermsⓇ 2010

서지민(성균관대학교); 최준선(성균관대학교)

23권 1호, 275~303쪽

초록

With the rapid changes of actual trading environment, the standard applying to international trade deal also have been continuously revised and supplemented. Among them, the representative model of behavior is rightly Incoterms. Incoterms which was legislated focusing on International Chamber of Commerce called by 'ICC' is the standardized business terms and conditions which are used in international trading contracts for good delivery between seller and buyer and division of costs and danger. And it is used the most generally in trading with foreign countries. For meeting periodical changes of international dealing and solving all kinds of problems suggested in actual works, Incoterms have been revised 7 times till now since it was enacted in 1936 firstly. And Incoterms 2010 which has been effective from 1st of Jan. 2011 is currently taking effect. In comparison with Incoterms 2000, IncotermsⓇ2010 actually doesn't have any great change, except for the change of D condition. Furthermore, the fact that the word of C&F is still used for customs clearance suggests it will take a long time to make the conditions such as DAT and DAP, which were appeared newly in this regulation, used naturally. But, if considering that IncotermsⓇ2010 was appeared because the organization authorized internationally enacts newly the duties of seller and buyer, which are necessary for international trading contracts and they intend to prepare the methods which can be used more easily, we can expect that more easy and effective dealing can be accomplished by IncotermsⓇ2010 in the future.

Abstract

With the rapid changes of actual trading environment, the standard applying to international trade deal also have been continuously revised and supplemented. Among them, the representative model of behavior is rightly Incoterms. Incoterms which was legislated focusing on International Chamber of Commerce called by 'ICC' is the standardized business terms and conditions which are used in international trading contracts for good delivery between seller and buyer and division of costs and danger. And it is used the most generally in trading with foreign countries. For meeting periodical changes of international dealing and solving all kinds of problems suggested in actual works, Incoterms have been revised 7 times till now since it was enacted in 1936 firstly. And Incoterms 2010 which has been effective from 1st of Jan. 2011 is currently taking effect. In comparison with Incoterms 2000, IncotermsⓇ2010 actually doesn't have any great change, except for the change of D condition. Furthermore, the fact that the word of C&F is still used for customs clearance suggests it will take a long time to make the conditions such as DAT and DAP, which were appeared newly in this regulation, used naturally. But, if considering that IncotermsⓇ2010 was appeared because the organization authorized internationally enacts newly the duties of seller and buyer, which are necessary for international trading contracts and they intend to prepare the methods which can be used more easily, we can expect that more easy and effective dealing can be accomplished by IncotermsⓇ2010 in the future.

발행기관:
법학연구원
DOI:
http://dx.doi.org/10.17008/skklr.2011.23.1.009
분류:
법학

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