Transfer of Contractual Risk and INCOTERMS: Brief Analysis of their Application in Brazil

Frederico Z. Glitz

Abstract


The moment at which risks on merchandise are transferred is a fundamental question in sale contracts.  In international system, business uses standardized clauses whereby contracting parties define the time of that transfer. They are called Incoterms and are typical of international business dealings. Nevertheless, these clauses are admitted into Brazilian law, not only in relations of a transnational character, but likewise in internal contracts. Such a transposition, however, is not always explained, although the jurisprudential application of the Incoterms is similar to the international tradition.  The objective of this limitation is to show how Incoterms has been taken on by current jurisprudence.  Understanding it, would help explain its role in Brazilian Law. 


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JICLT is a member of the Directory of Open-Access Journals (www.doaj.org). ISSN: 1901-8401.