The place of incoterms rules in the International Commercial Law - The question of whether these rules shall be considered within the scope of the place of performance of the contract
2019
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Advisor: Prof. Dr. Hacı Can
Abstract (EN)
International commercial law is formed by the fact that the transactions applied for long years among the people who trade in the international field become a norm. The enormous number of sources of Lex Mercatoria, the international commercial law, is a challenge for judicial authorities. For this reason, one of the studies of uniformization of international commercial law is the "Incoterms" rules published by the International Chamber of Commerce. Incoterms was formed by the combination of the most commonly used universal terms in international trade by the International Chamber of Commerce. The Court of Justice of the European Union, with the decision of Electrosteel Europe Sa V Edil Centro Spa, made a case-law to consider the Incoterms in determining the place of performance of the contract and the court competent to settle the commercial dispute. The Court noted that the Incoterms should be taken into account in determining the place of performance of the contract and the competent court. Incoterms during commercial relations between Turkey and European countries are widely used. Therefore, it was concluded that the effects of this decision should be examined in terms of Turkish law. In the first part of the study, general explanations about Incoterms rules are given; In the second part, the place and effect of Incoterms rules in international commercial law and Turkish law are explained. In the third part of the study, the effect of Incoterms rules both in terms of European Union Law and Turkish Law in terms of the place of performance of the contract and determination of the competent court are discussed. Anahtar Kelimeler: Incoterms, İfa Yeri, Lex Mercatoria, Yetkili Mahkeme, Milletlerarası Ticaret Hukuku.
Author
Dr. Salim Serdar Yağcı
Institution
How to Cite
Salim Serdar Yağcı (Master Thesis). The place of incoterms rules in the International Commercial Law - The question of whether these rules shall be considered within the scope of the place of performance of the contract, 2019, Dokuz Eylül University.
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