Consideraţii privind INCOTERMS 2020
INCOTERMS 2020 Considerations

Summary/Abstract: The INCOTERMS 2020 rules (acronym for "International Commercial Terms"), adopted by the International Chamber of Commerce in Paris and entered into force on 1 January 2020, are a continuation, on a higher level, of previous versions, the most recent dating back to 2010. INCOTERMS 2020 bring substantive and formal changes, by comparison to the 2010 version, primarily of a general nature, namely: renaming and re ordering the articles under which the seller (A) and the buyer (B) obligations are envisioned, to give prominence to those which arise from the sales contract, respectively delivery and risks; better marking the distinction and correlation between the obligations related to the sales contract in comparison to those regarding ancillary contracts (transport, insurance etc.); transformation of the „Guidance Notes” from INCOTERMS 2010 into „Explanatory Notes for Users” and their upgrading; greater emphasis to users, in the Introduction and in the Explanatory Notes to each rule, of the benefits and risks of adopting a certain rule. Likewise, specific changes are made to certain rules, such as: bills of lading with an „on board" notation at FCA rule; different levels of insurance cover at CIF and CIP; arranging for carriage with seller’s or buyer’s own means of transport for FCA, DAP, DPU and DDP; change in the three letter initials for DAT to DPU and panel position of DAP rule, which is now placed before DPU rule (former DAT); inclusion of security related requirements within carriage obligations and costs; settlement in a single article (A9 / B9) of all the parties' allocation to bearing costs. The paper deals, in essence, with: the INCOTERMS history; nature and legal force of INCOTERMS as soft law regulations; object and importance of INCOTERMS; classification and content of INCOTERMS, with the analysis of the 10 categories of obligations of the parties (A1 / B1 – A10 / B10), highlighting the elements of continuity and also the changes brought by the 2020 version.

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