Trade usages in the law of international sale of goods

Jovičić, Katarina (2022) Trade usages in the law of international sale of goods. Juridical Journal of Samara University, 8 (4). pp. 58-61. ISSN 2542-047X

Text Katarina Jovičić - Samara.pdf - Published Version Available under License Creative Commons Attribution No Derivatives. Download (303kB)

Abstract

This paper examines the application of trade usages, one of the most important sources of autonomous international sales law (so-called lex mercatoria) that traders create according to their needs. To understand the application of trade usages, it is necessary to determine their position in source-of-law-hierarchy. As a separate issue, the paper analyses the subjective and objective basis for the application of trade usage, which are possible ways to regulate that issue in legal texts. it is pointed out that trade usages have normative and interpretive role in the contract for the international sale of goods. Their application would not be possible if the law did not allow it. The paper presents how this issue is regulated in characteristic legal systems, both national and international. it is concluded that trade usages have an important role in the law of the international sale of goods. That is confirmed by the fact that it is enough for trade usage to exist to be applied. That solution is justified considering that traders are expected to know not only the rules of the profession but also customs and to harmonize their actions with trade usages rather than with legal rules

Actions (login required)

View Item