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The feature of the international trade practice

Time:2014-03-13 Hit:197

The feature of the international trade practice

1. International trade practice is formed spontaneously in the long-term international trade practice, the process of its formation is not controlled by the government authority, its culture is compiled by the business organization spontaneously, which sets it apart from relying on national law enacted by the legislature of the state or rely on mutual negotiations between the countries, compromising international treaties. It is precisely non-sovereign greatly enhance the universal applicability of the convention on international trade.

2. International trade practice is to abide by and widely accepted by a particular region, people of a certain industry, the accidental practice cannot become the international trade practice, this is an objective characteristic of the convention on international trade. The universal adherence and acceptance do not require everyone here has to understand and accept, but as long as the majority of the people who engaged in this industry has to know and accept it, the presumption can others ought to have known of the existence of this kind of practice. Early convention on international trade form in general practice to the big port, wharf, slowly some of their reasonable approaches are accepted by other people in the same industry.

3. The international trade practice must be able to create a sense of duty and sense of responsibility, this is a subjective characteristic of the convention on international trade. Psychological factors are vital to the existence of the practice, simple regular practice without corresponding psychological cannot constitute the convention on international trade. In practice, the existence of such psychological is convinced by the party to give proof, of course, it may be very difficult.

4. International trade practice is arbitrary, there is no mandatory force. Express or implied, only when the parties agree to adopt, is legally binding on the parties. If the parties express or implied to be ruled out, then the international trade practice shall not be imposed upon the parties.

 


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