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2000 International ** Terminology.
General Principles of Interpretation, 1941 Revised Definition of the United States of America and the Warsaw-Oxford Rules, 1932.
It explains the following 6** terms: EX Point of Origin, FOB (Delivered on Carrier), FAS (Delivered Next to Carrier), CFR (Cost and Freight).
CIF (Cost Plus Insurance, Freight), EX Dock (Ex Quay);
2000 International Principles of Interpretation of Terms, which explains 13 terms, namely EXW, FCA, FAS, FOB, CFR, CIF, CPT, CIP, DAF, DES, DEQ, DDU, DDP.
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International practice refers to the rules formulated according to certain common practices that have been gradually formed in long-term international practice. Although it is not a law, it is not universally legally binding. However, according to the laws of various countries, the parties are allowed to have the freedom to choose to apply the international practice, and once the parties adopt a certain practice in the contract, it is legally binding on both parties.
The laws of some countries also provide that the courts have the power to interpret the parties' contracts in accordance with the relevant practice. The most influential in the international ** are the "International ** Terminology Interpretation Principles" and the "Uniform Customs and Practice for Commercial Documentary Credits" formulated by the International Chamber of Commerce.
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The main international practice** is as follows:
The main conventions prevailing in the international ** are formulated by the International Chamber of Commerce, mainly including:
1) General Principles of Interpretation of International Terminology (2000).
2) Uniform Customs and Practice for Documentary Credits (1993).
3) Uniform Rules for Collections (1995).
4) International Factoring** Practice Rules (1994) (issued by the International Federation of Factors).
5) Uniform Rules for Demand Guarantees (1992).
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International conventions regarding terminology are:The 2000 General Principles of Interpretation of International Terms, the 1941 Revised Definitions of the United States and the Warsaw Oxford Rules, 1932.
It explains the following 6** terms: EX Point of Origin, FOB (Delivered on Transport), FAS (Delivered Next to Transport), CFR (Cost and Freight), CIF (Cost and Insurance, Freight), Ex Dock (Ex Quay).
2000 International Principles of Interpretation of Terms", which explains 13 terms, namely EXW, FCA, FAS, FOB, CFR, CIF, CPT, CIP, DAF, DES, DEQ, DDU, DDP.
The conditions indicated by the term are mainly divided into two aspects: first, the composition of the commodity is stated, whether it includes the main ancillary expenses other than the cost, that is, freight and insurance; Second, determine the terms of delivery, that is, explain the division of responsibilities, costs and risks borne by the buyer and seller in the handover of the goods.
The term is the indispensable content that is expressed in the international. The use of ** terminology clarifies the responsibilities, costs and risks that both parties should bear in the handover of goods, and explains the composition of the goods.
As a result, the procedures for transaction negotiation are simplified and the closing time is shortened. Because the international practice of stipulating the first term provides a complete and accurate explanation of the obligations of the buyer and the seller to Shiyou Zheng, it avoids some disputes that may arise in the performance of the contract due to inconsistent understanding of the terms of the contract.
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The use of a special term in international ** is mainly to determine the terms of delivery, that is, to explain the division of responsibilities, costs and risks between the buyer and the seller in relation to the handover of the goods.
In the process of the seller's delivery and the buyer's receipt of the goods, there are many issues involved, such as: who negotiates the lease of means of transport, loading, unloading, handling freight insurance, applying for import and export licenses and customs declarations and other import and export procedures, and who pays freight, handling, insurance, taxes and other miscellaneous expenses, and who bears the risk of damage and loss of goods in transit.
If each transaction requires the buyer and the seller to negotiate the above procedures, costs and risks one by one, it will consume a lot of time and expense, and affect the conclusion of the transaction. For this reason, in the long-term practice of international marketing, a variety of different terms have gradually formed. In an export or import, facilitate the transaction by using terminology that clarifies the division of responsibilities between the buyer and the seller in terms of procedures, costs and risks.
Terminology (tradetenns), also known as conditions and terms, is an important part of import and export commodities. It is done with a short concept (e.g. "free on board.")"or a three-letter abbreviation (e.g. "fob") to describe the place of delivery, the composition of the goods and the division of costs, risks and liabilities between the buyer and the seller, and determine the obligations of the seller to deliver the goods and the buyer to receive the goods.
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The purpose of developing international practice on terminology is to harmonize the interpretation of terminology.
Terms, also known as price terms, are special terms that have been produced in long-term international practice to indicate the composition of a transaction and the terms of delivery, and to determine the risks, responsibilities, and cost division between buyers and sellers.
It is beneficial for buyers and sellers to negotiate transactions and conclude contracts. Since each of the first terms has a unified interpretation of the obligations of the buyer and the seller, it is conducive to the buyer and the seller to clarify their respective rights and obligations and close the transaction as soon as possible.
It is beneficial for buyers and sellers to calculate the price and cost. All kinds of terms have a clear definition of who bears the cost, freight and insurance premiums, and it is easier for buyers and sellers to calculate the cost and cost. It is conducive to resolving disputes in the performance of the contract.
Since the terms are interpreted by the relevant international practices, the disputes between the buyer and the seller in the transaction can be interpreted by the international practices.
That is, "Freight paid to (......Specify the destination)". The term refers to the payment by the seller of the freight for the delivery of the goods to the named destination. The risk of loss of or damage to the goods and any additional costs arising from events that occur after the goods have been delivered to the carrier shall pass from the seller to the buyer from the time the goods have been delivered to the carrier's care.
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At present, the common international practices in the field of international ** are mainly composed of the following: 1. International ** terms.
Aspects (1) The 2000 General Principles for the Interpretation of International Terms, formulated by the International Chamber of Commerce2) The Warsaw-Oxford Rules of 1932 developed by the International Law Association; (3) The Revised Definition of the United States Foreign Language formulated by the National Association of Foreign Countries2. Receipt and payment of international payments (1) Uniform Customs and Practice for Documentary Credits formulated by the International Chamber of Commerce (ICC Publication No. 500).
2) The 1995 Revised Edition of the Uniform Rules for the Harvest of Toxiang Sakura (ICC Publication No. 522) developed by the International Chamber of Commerce3. Transportation and insurance (1) The "Cargo Insurance Clauses of the London Insurance Association" formulated by the Insurance Association of London, England (2) The "International Cargo Transportation Insurance Clauses" formulated by the Chinese People's Insurance Company (3) The York-Antwerp Rules formulated by the Comité Maritime International 4. International arbitration The "Arbitration Rules of the United Nations International Law Commission" formulated by the United Nations International Law Commission The relationship between international treaties, international practices and domestic legislation has different provisions in different legal systems. In general, in many countries, international treaties are self-effective and non-self-effective.
International practice is mostly related to the agreement of the parties, rather than to domestic law or international treaties. In the event of a contradiction between the agreement of the parties and the international practice adopted by the parties, the court will resolve it in accordance with the intention of the parties.
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The Oxford Rules, formulated by the International Law Association at its meeting in Warsaw, Poland, in 1928, and revised in Oxford, England, in 1932. It was specifically developed to explain CIF** terminology.
2. In 1941, nine business groups in the United States formulated the Regulations on the Export of the United States and its Abbreviations, which was revised in 1941 and renamed the 1941 Revised Definition of the United States.
3. The general rules for the interpretation of international terms are the International Chamber of Commerce
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