複合運送과 貿易去來條件

Combined Transport and Trade Terms

To be adapted to International Combined Transport, which aims door to door delivery, International Chamber of Commerce has established new trade terms of three; Free carrier, Freight/Carriage Paid to, Freight/Carriage and Insurance Paid to, in Incoterms, 1980. These new trade terms had to be contrived and emerged in international trade because the conventional type of trade terms based on sea carriage, named F.O.B. C.I.F. C&F. are no longer qualified to be utilized as an effctive terms when trade is based on combined transport so long as this carriage aims door to door delivery. However, in accordance with the regulation of Incoterms on the above new trade terms, they are tall principly phisical delivery at the named point of departure and payment subject to the goods arrival and received by the buyer. This is great handicap at the side of the seller without the security for the payment from the buyer, futher, from the view point of concurrent conditions. It was thought that this is inevitable because of the character of combined transport in legal aspects. In order to establish the relation of concurrent conditions between the parties when trading is based on combined transport, documentary bill and typical documentary letter of credit system is to be introduced and applied for their transaction, and for the formation of documentary bill, it is essential to construct symbolical delivery mode such as shipping document under C.I.F. terms. In the Incoterms regulations applied for C.I.P. terms, there is available combined transport document and transport insurance policy to be rendered to the buyer when customs at buyer's side so require. C.I.P. terms is consisted of freight and insurance prepaid in pricewise like C.I.F. terms, the possibility exsist to construe transport document as constructive delivery, thus examination is made to combined transport document stipulated by I.C.C. Uniform Rules for Combined Transport Document (1975 revision) as title of document negotiable, in comparison with current ocean on board bill of lading, and insurance contract system between combined transport and single mode of sea carriage in order to devise means of constructive delivery mode under C.I.P. terms. It is expected that the document consitution for constructive delivery under C.I.P. terms is reasonably worked out as basic means of documentary bill of exchange, futher typical form of documentary letter of credit can be utilized for the benefit of the both; seller and buyer at the view point of concurrent conditions by the effect of trading financing.