Features of Incoterms legal nature

Authors

  • А.А. Nukusheva
  • L.V. Kudryavtseva
  • M.A. Kara

Keywords:

Incoterms, Russia, Kazakhstan, CIS, civil law, legislation, regulatory framework, entrepreneurship, commercial activities, international trade

Abstract

At the moment, international transactions are the most important in the economic relations world. By carrying out foreign economic activity these participants have problems that can be avoided, for example, legal entities, individuals of the Republic of Kazakhstan can agree that their international treaty will be applied on the basis of the law of the Republic of Kazakhstan or the Іncoterms requirements most of the problems of international trade. The purpose of the current work is to identify the problematic elements of Incoterms, their legal characteristics, development history and its relationship with the laws of Kazakhstan and Russian Federation regarding purchases and sales of products. The methodological basis of the work is represented by systemic approaches in the study of the theory, legal acts that relate to the control of Incoterms. In addition, the method of philosophical nature, analysis, synthesis and induction is used. The work was held with the help of a dogmatic analysis, historical and regulatory, content-functional techniques. As a result of Incoterms requirements analysis of 2010 the main common points and the differences from the 2000 version were identified. In addition specifics that arise from the implementation of Incoterms 2010 concepts were revealed and their influence on the international processes of Kazakhstan and Russia was also assessed.

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Published

2019-06-30

Issue

Section

CIVIL LAW AND CIVIL PROCEDURE