The Community Outdoor agenda of the EU European Union is applied by all member countries, in a uniform way, so that importing or exporting in Portugal, or in any other community country, is equal from the point of view of the rates of customs duty in force.
However, free trade with third countries is the general rule in force in the EU assuming an exceptional character. The issuance of previous documents for the import and export operations stand out: the licenses are declared and the certificates, the only administrative one the commercial invoice the certificate of origin and the declaration Intrastat.
The aspects to be considered when concluding an international contract of sale , there is allways the pre-negotiation stage where the negotiation proposal is presented, usually by the seller and the counter proposal by the buyer.
a- The contact becomes perfect, when both parties reach a consensus and elaborate the fresh clauses, which expresses the order number sygned by the parties to be valid.
b- The specificity of these contracts lies in the fact that the buyer and seller counterparties – have different nationalities and the contract that expresses the order form, may have connection with different legal orders.
c- The contracting parties must also choose the law applicable to the Order of the seller, from the buyer provided that such choice is not fraudulent, in order to avoid the application of mandatory ptrovisions which gan not be renoved by the will of the parties.
With a view to ensuring greater certainty and legal certainty in the application of the law to international contractual relations, the Rome Convention was concluded by the Member States and the European Economic Community with a view eo establishing in the Community countries a set of uniform rules of law in the field of contracts.
For the success of an international business, it depends to a large extent on the clear and precise defiinition of the defferent dutis and obligations that each party has in the contract (knowing who is responsible for transport costs, insurance of the freight, the bought, wo is responsible for the loss, loss or defects of the goods) are these the objectives that the Incoterms intend to reach.
Depending on the degree of knowledge and trust establieshed between the parties there is the applicable payment modality:
1- Operations direct settlement.Documents pro forma invoice with detailed information based on the order form sent derectily to the buyer of the merchandise.
2-Comprises the means of payment: Bank payment order In view of the security of their operations, the parties: buyer/seller can choose the modalities that best satisfy the interests in presence. Considering the development that international trade relations have been acquiring.
Documentary credit has become the most widely used and secure means of payment to guarantee the interests of the buyer/seller involved in international trade operations.
The legislation of the member states of the EU has harmonized the regulation in general terms to the legislation.