Trade Usage and Transnational Trade Usage: A Comparative Analysis

Abstract

This paper discusses trade usages and transnational trade usages stipulated in the Law on Commerce 2005, comparing them with Anglo-American law and with reference to the United Nations Convention on International Sales and the UNIDROIT Principles of International Commercial Contracts. The result demonstrates that trade usage in general should be treated differently from legal custom. Particularly, trade usages and transnational trade usages should be applied based on the parties' explicit or implied consent, enabling their prior application over statutory rules, unless they are inconsistent with general principles of law or mandatory rules. Moreover, the scope of transnational trade usages should be expanded beyond those recognized or issued by international organizations.