THE ROLE OF USAGES AND BUSINESS PRACTICE IN THE INTERNATIONAL TRADE – CHALLENGES AND CONTROVERSIES
THE ROLE OF USAGES AND BUSINESS PRACTICE IN THE INTERNATIONAL TRADE – CHALLENGES AND CONTROVERSIES

Summary/Abstract: The trade usages are very important in both - the internal trade and international trade. Indeed, the gap – filling is almost always made with the trade usages. The usage is a social rule, and the court whenever encounters a legal gap in addressing certain issues, refers to a custom rule. Therefore, the contracting parties are bound in certain conditions by the trade usages even if they knew about them or not. The purpose of this paper is to give an answer to the following questions: 1. How are the usages important in filling in the legal gaps in the international sales contract and 2. Whether application of usages is limited or is controversial due to the different interpretations by the courts.The role of the usages in the international trade and in the international sales contract in general, is very important in creating the unification of the rules that apply to the contractual relationship with an international element. In order to provide answers, a comparative analysis of the international rules for the sales contract was made, through the provisions of United Nations Convention on Contracts for the International Sale of Goods (CISG), the Principles of European Contract Law (PECL) and the UNIDROIT Principles on International Commercial Contracts (UPICC) on the one side, as one of the most significant sources of the sales contract in international law and the Macedonian Law on Obligations, on the other side. It can be concluded that the application of trade usages in the sales contract in general, plays an important role in creating the unification of the rules that apply to the contractual relationship with an international element. However, at the end, even if we strive for uniformity of international rules relating to the sales contract, the last decision remains to the arbitrators and judges.

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