NON-GOVERNMENTAL REGULATION OF FOREIGN ECONOMIC CONTRACTS BY MODEL CONTRACTS OF INTERNATIONAL ASSOCIATIONS
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 8
Abstract
To simplify the procedure for the conclusion of foreign economic cooperation, model contract (standard form contract) created by international associations and uniform rules published by the International Chamber of Commerce are widely used. They are not obligatory in use, but are formulated in accordance with the requirements of international regulations and business practices, samples of the text of contracts containing the main terms and reflect the practice adopted in this field. The article examines the types of non-state regulation of foreign economic agreements, the main problems of legal regulation of the use of pro forma as a source of foreign economic agreement, explores and formulates the notion of proforma (model agreement, model contract), the role of non-state profile associations in the regulation of commercial relations is determined, state and expediency of implementation of model contracts and the International Rules for the Interpretation of the terms "Incoterms" in the national legislation of Ukraine. It was established that GAPTA and FOSFA are the most important international non-governmental organizations for Ukrainian agro companies. Typical contracts of GAFTA and FOSFA reflect the real world trade practice and, with its changes, undergo edits. The main differences between the pro forma are the types of deliveries - CIF, FOB, FCA, etc. and the kind of agricultural culture. GAFTA and FOSFA develop contracts based on different ways of transporting agricultural products. Some contracts take into account the country of origin and the direction of delivery. In the course of the study, the author established that the implementation of the International Rules for the Interpretation of the terms "Incoterms" into Ukrainian legislation was carried out in full, but the current legislation needs to be revised. The reference to the use of the Rules of Incoterms 2010 in the contract allows the entire text of the contract to avoid the decryption of terms. Implementation of standard contracts (protoms) of international associations to the legislative level of Ukraine was not carried out. Attention is drawn to the need to determine the place of standard contracts of profile associations and international rules in the system of contractual law of Ukraine.
Authors and Affiliations
Inna Gyrenko, Diana Pynchuk
Keywords
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- EP ID EP580684
- DOI 10.25313/2520-2308-2018-8-4317
- Views 164
- Downloads 0
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