CLAUZA DE REVIZUIRE A PREŢULUI ŞI CLAUZA DE POSTCALCULARE A PREŢULUI ÎN CONTRACTUL DE COMERŢ INTERNAŢIONAL

Victor CARAUŞ Academia de Studii Economice din Moldova

Rezumat

One of the risks that are encountered in the international trade contracts is the price risk, especially for those contracts that have a long lasting term of execution. The unpredictable increase of manufacturing costs will generate a loss if the international trade contract does not provide the possibility of price revision. In order to diminish the potential negative consequences resulted from the price modifications of the labor component of the product, which presents the object of an international trade contract, the practice has created several clauses, such as: price revision clause and price post-calculation clause, that will permit the price revision, establishment or finalization (in case when at the moment of contract conclusion only an estimation of price was established). In order to avoid confusion generation and to use with maximum efficiency it is mandatory for the revision price clause to include the following aspects: to determine with maximum precision the referred documents, in order to determine the price of the production cost’ components that will be indexed; directly in the clause content or to indicate a reference to the calculation mathematical formula from customary codification in the field or otherwise expressly established by the parties; the beginning of recalculation clause action will depend on the limits of international price changes, compared with those established in the contract; to be expressly stipulated the moment of the eventual production of international price change; compared to the respective contract price; action limitation of price recalculation clause to the increase and decrease of the international price compared to contract price, by means of fixing the upper and lower level of tolerance or revision percentage that will lead to the temporary suspension of the contract performance; price rectification will be made to each partial delivery or only after the final delivery (receipt); to indicate the action period of price revision clause upon the contract. Under the post-calculation price clause, the creditor has the right to proceed to price establishment or to its finalization. From the other point of view the post-calculation price clause presents advantages only for a single contractual party (supplier), because prices, generally, have a permanent tendency of growth, thus: the risk of value increase of the price components, a more frequent situation met in practice than those of decrease and namely of these considerations this clause is rarely used in practice. Price post-calculation clause is not recommendable for the beneficiary (importer), because he will fully support all the risks of price increase.