Delivery terms in international trade (Incoterms)

Upon the expansion and development of commercial activities in the international fields, it has become quite crucial to resolve the disputes arisen in connection with or as a result of an international dispute in the most quickly, neutral and secure way; and furthermore to determine the applicable laws between the parties. This has caused a need to issue unified rules applicable in international trade. Incoterms which has been issued by International Chamber of Commerce and which mainly regulates basic issues such as delivery of goods, passing of risk of loss, share of the costs etc. between parties of a sale contract, has an important role in the unification of international commercial law. Innovations provided by the new era, modern life and the technology; and the developments in the international commercial practice require Incoterms to be revised from time to time by International Chamber of Commerce and to be rendered to meet the needs. Incoterm® 2010 which has entered into force in 1st January 2011 and which is the last Incoterms version has also be issued for this same purpose and has brought some changes and innovations. This study which is on Incoterms comprises of three chapters. The place of Incoterms in the international commercial law systematics, base and root of Incoterms and the role of same in unification activities have been explained in the first chapter.In the second chapter of this study, the terms in Incoterms 2010 have been outlined under the headings set forth in the original text of Incoterms 2010 in terms of the obligations of the parties and in a comparative basis with Incoterms 2000.In the third chapter, the innovations of Incoterms 2010 compared to previous Incoterms versions and the various sides of this last version from Incoterms 2000 have been reviewed in a detailed way in terms of obligations of the parties, number and types of the terms, practice area, type of use, classification and subjects issued etc. Determination of the changes in Incoterms rules provided by Incoterms 2010 and in this regard, specification the role and importance of Incoterms 2010 in Incoterms rules constitute the main purpose of this study. In this study, after terms set forth in Incoterms 2010 have been analyzed in a comparative way with the previous versions and the changes thereof have been determined, the use of this last Incoterms version which has been prepared by International Chamber of Commerce taking into consideration of the last developments in the commercial practices has been supported. Keywords : Incoterms 2010, Incoterms, International Trade, Sales Contract, Delivery Terms.