중국 수출기업의 CIF계약 분쟁사례에 관한 연구

Abstract

The advanced development in the international transportation and communication, imposed the use of more and more trade terms in the international trade. The fast and steady economic development in China, and the support of government policies to the international trade, especially after China’s accession to the WTO, leaded the Chinese trade to reach new international records in term of volume, and value, within a very short time. However, many chinese companies are newly initiated to the international trade, and need to be familiarized with the international procedures and protocols, particularly “Incoterms”, in order to be able to properly achieve their economic activities. A big part of chinese companies are facing problems while exercising their international commercial activities, where the major obstacles applies incoterms, as result, in many cases the Chinese enterprises face additional risks by taking responsibilities they should not take. which may affect seriously the development of the Chinese trade. In the international trade, chinese companies frequently use the trade term CIF “Cost, Insurance and Freight” which means that the seller delivers the goods on board the vessel or procures the goods already so delivered. The seller also contracts for insurance cover against the buy’s risk of or damage to the goods during the carriage. This rule has two critical points, because risk passes and costs are transferred at different places. While the contract will always specify a destination port, it might not specify the port of shipment, which is where risk passes to the buyer. If the shipment port is of particular interest to the buyer, the parties are well advised to identify it as possible in the contract. If the parties intend to deliver the goods across the ship's rail, the CIP term should be used. In order to provide some preventable proposal of the CIF risks for the Chinese companies, some typical cases which have taken place in China were described and analyzed by using the methods of literature research and case study. In the first chapter, the research purpose and structure of this paper was described. In the second chapter, the relevant contents of the CIF was elaborated. In the third chapter, the typical Chinese CIF disputed cases were analyzed. In the fourth chapter, the problems of using CIF and the corresponding improvement projects were summarized. In the fifth chapter, a summary of this paper was made and the conclusions were put forward.