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In this second part of the article on F.O.B. and C.I.F. contracts in international maritime sales and purchases, the author focuses his study on the implications and considerations of the c.i.f. (cost, insurance, freight) stipulation in export trade. First, he discusses the importance of the bill of lading, as well as the marine insurance policy and the commercial invoice as key documents in these types of transactions. On this point, he refers to the customary nature of documents in international trade and the relevance of their compliance within the framework of lncoterms 1953 which, although they are not legal norms, the author recommends to adopt to avoid interpretative conflicts. Second, the obligations of the seller and buyer are developed, including aspects such as shipment of goods, contracting of transport and insurance, transfer of risks, acceptance of documents and payment of ...
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Publicado 1978
Enlace
Enlace
The purpose of this paper is to analyze the legal nature of the time charter contract, as well as to determine the obligations of the parties involved in such contract, in the context of the appeal filed by Naviera Humboldt S.A. at the Tax Court against several resolutions. For this purpose, the different contracts of carriage are examined, which will make it possible to establish the legal nature of the time charter party contract and its differentiation from other kinds of contracts of carriage. This analysis will highlight the parties involved and the various functions they must perform as part of their contractual obligations. Finally, it will be concluded by delimiting the performances to be performed by each party to the contract and determining the most appropriate definition of time chartering.
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This article develops in detail the central aspects of international maritime sales. Through an exhaustive analysis, the author addresses the differences between FOB and CIF commercial terms, highlighting the need to develop clear stipulations in order to avoid interpretative disputes and litigation. This refers to central aspects such as delivery of goods, place, date, costs, risks, time of payment and transfer of risks and liability. Along these lines, the author points out that, in a sale and purchase on FOB terms, the seller fulfills its obligations by making the free delivery of the goods, without getting involved in the transport and maritime insurance, the costs of which are borne by the buyer. On the other hand, in a sale and purchase on CIF terms, the seller assumes additional responsibilities, including transportation and insurance to the agreed point of destination. In this re...
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No presenta resumen
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No contiene resumen
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artículo
In this second part of the article on F.O.B. and C.I.F. contracts in international maritime sales and purchases, the author focuses his study on the implications and considerations of the c.i.f. (cost, insurance, freight) stipulation in export trade. First, he discusses the importance of the bill of lading, as well as the marine insurance policy and the commercial invoice as key documents in these types of transactions. On this point, he refers to the customary nature of documents in international trade and the relevance of their compliance within the framework of lncoterms 1953 which, although they are not legal norms, the author recommends to adopt to avoid interpretative conflicts. Second, the obligations of the seller and buyer are developed, including aspects such as shipment of goods, contracting of transport and insurance, transfer of risks, acceptance of documents and payment of ...
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artículo
This article develops in detail the central aspects of international maritime sales. Through an exhaustive analysis, the author addresses the differences between FOB and CIF commercial terms, highlighting the need to develop clear stipulations in order to avoid interpretative disputes and litigation. This refers to central aspects such as delivery of goods, place, date, costs, risks, time of payment and transfer of risks and liability. Along these lines, the author points out that, in a sale and purchase on FOB terms, the seller fulfills its obligations by making the free delivery of the goods, without getting involved in the transport and maritime insurance, the costs of which are borne by the buyer. On the other hand, in a sale and purchase on CIF terms, the seller assumes additional responsibilities, including transportation and insurance to the agreed point of destination. In this re...
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artículo
Publicado 1978
Enlace
Enlace
The purpose of this paper is to analyze the legal nature of the time charter contract, as well as to determine the obligations of the parties involved in such contract, in the context of the appeal filed by Naviera Humboldt S.A. at the Tax Court against several resolutions. For this purpose, the different contracts of carriage are examined, which will make it possible to establish the legal nature of the time charter party contract and its differentiation from other kinds of contracts of carriage. This analysis will highlight the parties involved and the various functions they must perform as part of their contractual obligations. Finally, it will be concluded by delimiting the performances to be performed by each party to the contract and determining the most appropriate definition of time chartering.
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