Incoterms and Brazilian Legislation on Contracts

A fundamental question in contracts that involve the delivery of merchandise is the moment at which the risks inherent to it are transferred. In the international system, business customs consecrated standardized clauses by means of which the contracting parties define the time of that transfer. These are denominated as Incoterms. Typical of international business dealings, they ended up being admitted into Brazilian law not only in relations of a transnational character, but likewise in internal business dealings. Such a transposition, however, is not always explained, although the jurisprudential application of the Incoterms is similar to the international tradition. Understanding it, in short, will help to explain the new role of comparison in Brazilian Law