تاثير واژگان بازرگاني بين المللي بر حقوق قابل اعمال در بيع بين المللي و ماهيت حقوقي آنها

EFFECT OF INTERNATIONAL COMMERCIAL TERMS ON THE APPLICABLE LAW IN INTERNATIONAL TRADE AND THEIR LEGAL NATURE

In order to create the interest and tendency in the international trade by mean of reduce effects of its more risks, the principle of free voluntary plays an important and effective role in the most part of international trade. Following the same concept, the international commercial arbitration being also a usual method specialize a wide place to the sovereignty of voluntary. International commercial terms of (INCOTERMS) are a combination of international terms that is published by Paris nternational Chamber of Commerce. And, it plays a valuable role considering the interpretation of terms, rights and duties of the contracting parties as well as the international trade affairs. Application of INCOTERMS and also its regulations in the governmental procedures as conditions of the contract have connection with the recognition and choosing them by the applicable law. However, in the international commercial arbitration for the reason voluntary tendency and lack of dependence to the special law (i.e. without necessary to its recognition in some cases), they will be applicable. So, the international commercial terms in the contracts of sale in the case of not referring the parties to it, the arbitratorsʹ practical interpretation will be done directly and personally. And, this would be as an objective methods of transnational commercial applicable law playing important and effective roles for facilitating a part of international trade.