무역거래조건 오용에 따른 서류상 문제점에 관한 고찰

Abstract

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.