Os Incoterms ─ Termos Internacionais de Comércio e a utilização da cláusula FOB ─ Free on Board no comércio marítimo internacional

Abstract

This paper aimed at providing a general overview of the Incoterms (International Commercial Terms), defining them as a formal source of what is known as lex mercatoria, then analyzing the FOB - Free on board term, one of the mostly used terms in international maritime carriage, specially on its main aspect, i.e. the moment that costs and risks over the cargo are transferred from seller to buyer (critical point), which occurs with delivery on board the ship. The objective was to demonstrate that the inadequate use of such term in negotiations involving cargo carried in containers or roll-on roll-off extends unnecessarily the risks and responsibility of the seller even after the goods are made available at the terminal, which may lead to high expenses not included in the agreed price. The alternative recommended in these cases is the use of the FCA - Free carrier term, since it allows anticipating the critical point for the delivery at the port, relieving the exporter of such risks and preventing related costs