Representation of interests of foreign trade contracts
To date, foreign trade agreements have a number of requirements. One of them, embodied in the Economic Code of Ukraine, - to express terms of supply contracts in accordance with the requirements of international rules for the interpretation of the terms "Incoterms". By the way, it is true according to the HC for foreign supply contracts, as well as for domestic contracts.
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Obligation to use Incoterms at the conclusion of the economic entities of Ukraine of all forms of ownership of goods supply contracts, including foreign, is also contained in the current is still the President's Decree "On the application of international rules of interpretation of commercial terms" from 04.10.1994 № 567/94.
Because of these standards raises the question: Will ignore Incoterms in the preparation of the contract to its invalidity? According to Jaroslav Sverdlichenko, Litigation inclined to think that the reference to Incoterms regulated parties will not be binding usloviemdogovora. If the parties have been prescribed in the contract all the conditions which they consider important, the Incoterms rules are not mandatory (FEA - contracts - one of the most common types of transactions with a foreign element, and therefore, in principle, regulated in detail by international private law (the IPL).
However, the practical preparation of such agreements arise mass of legal nuances and subtleties, each of which can cause protracted disputes. And all of the - for that party or that - it is not discussed, either - different ways to understand what - what the situation. This is not surprising, considering that laws and trade practices in different jurisdictions vary considerably, although the terms seem to be the same. It is especially difficult the contracts between the parties from different legal systems: Continental, Anglo - Saxon, Muslim, traditional. Reduce the legal risks of contracting a valid legal help support the conclusion of international contracts in accordance with legal requirements.
