國際貿易規則과 海上積荷保險約款上의 擔保條件에 관한 硏究

Abstract

In international trade many claims and dispute arise if the parties concerned insist on their own rules of customs. In order to minimize these conflicts, INCOTERMS(International Rules for the Interpretation of Trade Terms) and UCP(Uniform Customs and Practices for Documentary Credits) are mainly used as international guidelines for their interpretation.

This study aims at finding the problems caused by the differences between international rules and marine cargo insurance clauses in CIF contract which is most common in international trade, and presenting the ways to resolve the problems.

The problems and the ways for improvement can be summed up as follows:

1) The coverage of the insurance conditions which INCOTERMS and UCP require is so narrow that it should be expand in consideration of cargo kind and voyage. 2) Expected profit 10% of CIF invoice value which is required by most of the international rules should be raised to cover the real value of the loss. 3) The term ‘All Risks’ is confusing, which does not cover all the risks as the word implies. 4) War Risk Clause should cover only the hostile activities between nations but this in practice extends to riots, civil commotions, and revolutions which arise on the domestic level for the seizure of political power. 5) It is uncertain whether or not I.C.C(C) is covers the sling loss, and further the C clause is free from damages proximately caused by delay, which is to be covered in accordance with the principle of cause and effect.

International rules should be changed according to the changes happening in real trade practices and in this regard I sincerely hope the problems this study has raised can be resolved by reflecting them in the coming revision work of the rules concerned.