國際物品賣買契約內에서 인코텀즈의 이해 - CISG 및 ICC Model International Sales Contract(556E)를 중심으로 -

Abstract

The purpose of this paper is to examine the express and implied meanings and functions of the IncotermsⓇ2010 in the international sales contract in relation to the CISG(as a governing law) and ICC Model International Sale Contract. First, this author reviewed the functions and limitations of the key words in this paper: CISG, Incoterms and ICC Model Contract. For the further understanding the characteristic features of the latest version of Incoterms. IncotermsⓇ2010, also comparatively analysed. Second, in the main chapter Ⅲ, this author examined the functions of Incoterms into seven sections. In terms of practical aspects, the prominent value of Incoterms is the criterion of the price, but the intrinsic value is related to the delivery term which is called legal aspects. This author emphasized the significance of comprehensive understanding of the IncotermsⓇ2010 including the price terms and delivery terms in this paper. Finally, in the section 8 of Chapter Ⅲ, this author mentioned the several points keeping in mind when contracting, considering the relationship with the CISG as governing law and ICC Model International Sale Contract(556E) as a contract model. In conclusion, the business strategies in selecting the specific term were examined and emphasized in relation to a real business.