Research On The Application Of Trade Terms Based On The Judicial Judgement Of China

In 2018,the total volume of China's goods trade exceeded 30 trillion yuan for the first time.As a certain step of the development of international trade,trade terms play a very important role in the standard operation of trade practice.Trade terms are part of the contract when trade terms are explicitly used in international sales contracts.And it is closely related in international sales contracts,such as price,delivery,transportation,insurance,settlement and inspection.In order to meet the needs of trade terms to adapt to the development of international trade,trade terms have basically maintained a decade of revision.After several revisions,trade terms have increasingly adapted to the development of new forms of trade.As China's trade in goods continues to develop,trade terms are widely used in China's international trade.However,while the use of trade terms has increased,the problems of trade terms in application have also increased.Therefore,it is very important to find out the problems in trade terms application and propose corresponding solutions.Based on the jurisprudence related to trade terms in Chinese judgment papers,this paper summarizes the problems existing in the practical application of trade terms,thus proposing advice to rule makers,users and referees.The paper is divided into five chapters.The first chapter is introduction.The second chapter is about the development of trade terms and their significance,mainly from the development of trade terms and related rules,the connotation and importance of trade terms.The third chapter is about the case of trade terms application in 2011-2018,statistically analyzing the source of the case and time on jurisprudence trial,number of jurisprudence about trade terms,country or region of the litigant,dissension of the litigant,the proporty and disputes of the contract.The fourth chapter deals with the application of trade terms base on judicial judgement,analysis the problem of FOB application,the problem of trade terms expression in application,the problem of trade terms deformation in application,the indistinctness between the trade terms and the applicable law,the inappropriate of trade terms in domestic trade,analyzed the reason of controversy in FOB term and the expression and deformation of the use of tradeterms.The fifth chapter is written with conclusion and suggestions,suggestions analyze from the perspective of rule makers,users and referees.The recommendations from the perspective of rule makers are that the rules formulated by the ICC must keep pace with the times and clarify the scope of use of FOB.The suggestion from the perspective of the users is to select appropriate trade terms and regulate the use,expressly stipulate the contractual basis law and FOB seller booking to obtain the bill of lading directly.The suggestion from the referee's point of view is that the court must maintain professionalism.