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

Summary/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.

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