Il ruolo degli Incoterms nella determinazione convenzionale del luogo della consegna: note critiche sulla giurisprudenza della Cassazione

[Autom. eng. transl.] 1. The question: the role of Incoterms in identifying the place of delivery of the goods «on the basis of the contract» pursuant to art. 7 no. 1 lit. b of the Brussels I-bis regulation. – 2. The ordinance of the United Sections of 28 June 2022 n. 20633. - 3. The substantive logic of the special forum of contractual matters. – 4. Substantive nature of place of performance agreements: their inconsistency with choice of court agreements; their subjection, also for the purposes of jurisdiction, to the rules governing the substance of the relationship. – 5. Verification of consent to the incorporation of an Incoterm and reconstruction of the meaning of the will thus expressed: the perspective of conflicts of laws. – 6. Continued. The perspective of the Vienna Convention on the sale of movable property. – 7. The conditions for the effectiveness of the agreement according to the Cassation: the requirement of "clarity". – 8. Incompatibility of the Cassation's approach with the indications obtainable from the Zelger, Car Trim and Electrosteel judgments of the Court of Justice. – 9. Concluding remarks.