Discussion on CIF:
Contract Transaction or Document Transaction
DOI:
https://doi.org/10.23925/2526-6284/2024.v4n4.71568Keywords:
CIF, Transação, CISG, Comércio internacional, IncotermsAbstract
With the flourishing development of economic globalization and the expansion of international trade, the utilization of Incoterms has gained widespread acceptance and application. A pertinent question arises: Should CIF (Cost, Insurance, and Freight) contracts be primarily construed as document transactions, in accordance with the principle of document autonomy, or as contract transactions? Fundamentally, this research endeavors to contend that, based on a review of several case studies and the practical application of CIF in real-world scenarios, CIF transactions are predominantly characterized as document transactions. But CIF contracts are not purely document transactions, they are still contract transactions(goods transactions) in essence. This study delves deeply into the legal ramifications of interpreting CIF contracts as either contract transactions or document transactions, employing perspectives from both common law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). By doing so, it offers a more lucid normative position on the future evolution of CIF rules. Furthermore, the research examines the role of digital documentation, specifically electronic bills of lading, and proposes a series of practical dispute resolution mechanisms.
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