Inkotermat si një shprehje e praktikave tregtare në kontratën e shitjes së mallrave
Incoterms as an expression of commercial practices in the contract of sale of goods

Summary/Abstract: Sales contracts represent today a special inters about socio-economic issues that are undergoing national and international developments. During the last three decades the international trade and consiquently even the Albanian one has bën increased sharply. This vast expansion is undoubtedly simplified due to the formation of regions, economical and political units as well as from the annulment of legal restrictions on trade betwën different countries. On one hand the novelties and development in the field of TEChnology, information and telecommunication have encouraged the increase of international trade and on the other hand there are more opportunities in the signing of the contracts by electronic means such as fax, email or via internet. Therefore, there are no limitations in terms of distance and time and moreover, it has resulted in the opening of other world markets that have led to an increase of the quantity of the international trade. Undoubtedly, the international contracts of sale have very specific needs that derive from the variety of legal systems that are in force for such contracts. Under such a context, Incoterms are nothing else but an attempt to standardize the trade definitions in order to make use of more stable trade customs and practices. Unquestionably, the commercial terms can provide fast legal information by clarifying the respective obligations of the parts related to the goods delivery, avoidance of danger and other casual obligations. The trade customs and practices play an important role in the international trade by often filling in the legal gaps which are not specified in the contracts by any of the parties. Since the inner rules are often not related to the economic reality of the international trade, the including of the trade customs in a contract can decrease the costs of transactions. Questions such as : which party should be in charge for the goods of export or import; who should pay for the expenses of delivery of the goods;which party is damaged in case of loss or damage of the goods as well as who should make sure that the goods are safe, have remained frequently unanseee red. For this reason it becomes necessary to have a detailed analysis of the trade terms by the specific dispositions of the contract of sale, from the law that is in force in Albania as well as from the trade customs and practices. Under this context, the right in Albania has to be adapted to the modern development of the international trade and to adopt its known practices to the law and the needs of the reality of commerce.

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