Nature and Characteristics of Incoterms Contracts Which Include Seller’s Obligations to Provide Insurance to the Buyer at Common Law
摘要
In the reverse to Part II, this Part III deals with Insurance of Contracts Which Include Seller’s Obligations to Provide Insurance for the Buyer. As in Chap. 3 , this chapter discusses the general Nature and Characteristics of the only contract in this category: the CIF. The chapter covers it under: Introduction; The General Nature of CIF Contracts; “Variants” of CIF Contracts as opposite to “Variations” in FOB; Shipment of Goods; Physical and Symbolic Delivery of Goods; Tender of Documents; Payments for Goods; Other Essential Characteristics; Importance of Documents; Whether the contract is for Sale of Documents or Sale of Goods!?; Importance of Appropriation in CIF Contracts; Passage of Property; Passage of Risks; The Two Rights of Rejection-of documents when tendered and goods when delivered-the only contract providing these remedies to the buyer; Importance of Insurance-the very essence of the contract; Examples of Insurance Clauses; Comparative Status in International Trade; Comparisons with the older FOB Contract; Under the American UCC and Incoterms for Americans Guidelines; Comparison with C&F Contract; Remedies under CIF and Related Contracts; Frustrations of CIF Contracts; “Further Food for Thoughts”; Concluding Remarks; References; and Further Readings.