Incoterms and Brazilian Legislation on Contracts

Education and Science without borders Journal, vol. 2, n°3, 2011, p. 40-44

12 Pages Posted: 7 Jul 2015

See all articles by Frederico Glitz

Frederico Glitz

Universidade Comunitária da Região de Chapecó

Date Written: July 6, 2015

Abstract

A fundamental question in contracts that involve the delivery of merchandise is the moment at which the risks inherent to it are transferred. In the international system, business customs consecrated standardized clauses by means of which the contracting parties define the time of that transfer. These are denominated as Incoterms. Typical of international business dealings, they ended up being admitted into Brazilian law not only in relations of a transnational character, but likewise in internal business dealings. Such a transposition, however, is not always explained, although the jurisprudential application of the Incoterms is similar to the international tradition. Understanding it, in short, will help to explain the new role of comparison in Brazilian Law.

Keywords: Contract; Sale; Incoterms; Risks

JEL Classification: K12; K22; K33

Suggested Citation

Glitz, Frederico, Incoterms and Brazilian Legislation on Contracts (July 6, 2015). Education and Science without borders Journal, vol. 2, n°3, 2011, p. 40-44, Available at SSRN: https://ssrn.com/abstract=2627241

Frederico Glitz (Contact Author)

Universidade Comunitária da Região de Chapecó ( email )

Av. Senador Atílio Fontana 591
Chapeco, Parana 89809000
Brazil
554933218000 (Phone)

HOME PAGE: http://https://www.unochapeco.edu.br/

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