무역거래조건 오용에 따른 서류상 문제점에 관한 고찰

• 영문명: Issues in Trade Documents Resulting from the Misuse of Trade Terms in Incoterms: A Literature Review
• 발행기관: 한국무역연구원
• 저자명: 이정선(Jung-Sun Lee)
• 간행물 정보: 『무역연구』제15권 제6호, 633~652쪽, 전체 20쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2019.12.30

영문 초록

Purpose - The purpose of this study is to investigate the problems of trade documents caused by the misuse of trade terms in Incoterms and to propose alternatives to resolver such issues. Design/methodology/approach - The study was conducted using a thorough review of the extant literature. Beginning with what should be considered in the selection of trade terms, the documents required by Incoterms, L/C and non-L/C requirements were assessed. Under L/C payment, the document requirements which are presented based on UCP, as well as the document requirements under CISG and SGA, the main governing law of international trade contracts, were also examined. Findings - This study confirmed that misuse of any mode or modes of transport conditions and sea and inland waterway transport conditions in Incoterms could not meet the seller’s obligation to provide the right documents. In general, Incoterms and CISG cannot be used as a governing law by standard contracts used in commodity trade, but this study suggests they can be used. This study also recommends the use of D terms in Incoterms as a way to reduce the misuse of trade terms and to reduce the risk of the seller’s obligation to provide documents. Research implications or Originality - Unlike previous studies, this study emphasizes that according to the nature of the contracted goods, the types of transportation are different and based on this, the choice of trade terms should be considered. In addition, five scenarios are presented to facilitate trade terms for trade parties, and also this study suggests that CISG can be used as a governing law for commodity trade.

목차

Ⅰ. 서론

Ⅱ. 주요 국제법규 및 규칙 하의 서류 의무

Ⅲ. 거래조건 오용에 따른 서류상 문제점 및 대안

Ⅳ. 결론

키워드

CISG Commodities Incoterms Manufactured Goods SGA Trade Document UCP