Contratos Internacionales

Summary

In this video, Erik Finger provides an insightful explanation of international contracts, detailing their characteristics, essential elements, and formal aspects. He discusses the importance of international agreements between parties from different countries, focusing on factors like consent, legality, and the economic nature of the contract. Key points include the negotiation and agreement on terms such as price, delivery conditions (Incoterms), payment methods, and conflict resolution. The video also emphasizes the flexibility of international contracts, which can be verbal or written, though written contracts are recommended for clarity. Overall, it offers a comprehensive understanding of the complexities involved in international trade.

Takeaways

• 😀 International contracts are agreements between parties from different countries, typically involving businesses or individuals acting through representatives.
• 😀 The complexity of international contracts arises from the fact that the parties reside in different countries, each with its own laws and regulations.
• 😀 Consent in international contracts must be voluntary, but the formality requirements may vary, and the contract can be verbal or written.
• 😀 The object of an international contract must be legal, and the agreement can involve goods, services, or other economic exchanges.
• 😀 International contracts are often influenced by legal customs and practices of different countries, in addition to formal laws.
• 😀 Key elements of an international contract include identifying the parties, defining the object or purpose, and establishing the essential commitments of the parties.
• 😀 The buyer (importer) aims to delay payment until they are certain the goods meet the agreed-upon conditions, while the seller (exporter) aims for quick payment to ensure liquidity.
• 😀 The object of an international contract can include various types of goods (e.g., consumer goods, machinery, raw materials) or services (e.g., consulting, transportation, insurance).
• 😀 Incoterms are crucial in international contracts as they define the delivery terms, such as transportation responsibility and risk during transit.
• 😀 Risk factors, such as non-payment or country-specific risks (political, economic, or natural disasters), must be considered when negotiating international contracts.
• 😀 Dispute resolution in international contracts can involve courts or arbitration, and it is important to clearly define the applicable laws for resolving conflicts.

Q & A

What is the main focus of the session on international contracts?

The session focuses on defining international contracts, their characteristics, and the elements involved, including the parties, legal frameworks, and key obligations in cross-border trade agreements.

Why are international contracts considered more complex than other types of contracts?

International contracts are more complex because they involve parties from different countries, each with its own legal system, customs, and regulations that must be taken into account during negotiations and execution.

What are the two primary parties involved in an international contract?

The two primary parties in an international contract are the importer (the party receiving the goods) and the exporter (the party sending the goods).

What is the significance of Incoterms in international contracts?

Incoterms are crucial in defining the delivery terms, including who is responsible for transportation, insurance, and customs clearance during the shipment of goods between countries.

How do Incoterms affect the responsibility for potential damages or losses during transit?

Incoterms determine who is responsible for any damage or loss during transportation. The responsibility may fall on the exporter or the importer, depending on the specific Incoterm applied in the contract.

What factors influence the payment terms in an international contract?

Payment terms are influenced by factors such as the agreed-upon price, payment deadlines, and the level of trust between the importer and exporter, which can vary depending on the risks of the transaction.

What role do financial institutions play in international contracts?

Financial institutions, such as banks and insurance companies, play a critical role by providing services like payment guarantees, financing options, and insurance to mitigate the risks involved in international trade.

Why is it important for international contracts to specify the resolution of conflicts?

Specifying how conflicts will be resolved, either through courts or arbitration, is important to ensure both parties are clear on how disputes will be handled and to minimize uncertainties in case of disagreements.

Can international contracts be verbal or do they always have to be written?

International contracts can be verbal, but it is generally recommended to have a written contract to avoid misunderstandings and ensure all terms are clearly defined, especially for complex transactions.

What are the potential risks that need to be considered in international contracts?

Potential risks include political instability, natural disasters, payment defaults, and changes in regulations or laws that could impact the execution of the contract, such as delays or changes in product requirements.