The legal nature of the Incoterms and problems of their application in international trade

Abstract

This article analyzes the legal nature of the problem and the use of Incoterms in the international and domestic law of different states. The different approach to the Incoterms is noted in foreign countries: in some countries the Rules are adopted with the legal act (law), as well as in other states they exist as an international trade customs. The author gives comparative analysis of the usage of Incoterms in the civil legislation of Kazakhstan and Russia. Incoterms in Kazakhstan are considered as unofficial codification, which has no legal force. Thus, it is necessary to fix the rules of Incoterms in writing form as a trade custom, that would facilitate the judicial practice of international commercial arbitration courts in resolving disputes in the field of international sale of goods.