352 WINE LAW in cases where they are established in different countries, reducing the risk of legal complications. However, the use of Incoterms is optional: for their validity in a sale, they must be expressly provided for in the contract and previously accepted by both parties. It should be specified that Incoterms refer to the contract of sale and not to the contract of transport and shipping nor the contract of insurance and financing, although it is recommended that these take into account the conditions of sale established to avoid inconsistencies and unexpected consequences. As mentioned, Incoterms were developed by the ICC, which happened for the first time in 1936, and have immediately assumed great importance in international trade and, recently, also in national trade. They were periodically updated in 1953, 1967, 1976, 1980, 1990, 2000, 201021, in order to be in line with the evolution of commercial practices. The eighth revision, which began in 2016, led to a new edition of Incoterms, published on 10 September 2019, and formally entered into force on 1 January 202022. In any case, each previous edition remains valid and always applicable, if expressly mentioned in the contract. FINAL REMARKS In light of the above, the following considerations emerge: the contractual discipline that regulates the sale of wine is complex and consists of multi-level sources; the sale of wine online has undergone a significant increase in 2020, flanked by the growth of digitisation; and the international sale of wine – the most widely used contract – must be drawn up on a case-by-case basis and according to the peculiarities of the contracting parties, as well as common international rules. Certainly, it is not possible, besides risky, to use similar or pre-filled templates without adapting them to the specific case. 21 Jan Ramberg, “Incoterms 2010”, 29 Penn St. Int'l L. Rev. 415,415, 2011. 22 Celal Samil Demirci, Kemal Burak Yalcin & Mustaga Sait Okur, “Incoterms 2020”, 23 GSI Articletter 24, 2020. Van Hall Sonja, European Journal of Commercial Contract Law, vol. 11, no. 3, Dec. 2020, pp. 45-51.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==