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Risk transfer in the International Sale of Goods

Author: JiCuiMei
Tutor: LanLan
School: China University of Political Science
Course: International Law
Keywords: International Sale of Goods Risk transfer A Comparative Study Perfection of the Law
CLC: D997.19
Type: Master's thesis
Year: 2009
Downloads: 495
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Abstract

Driver of economic globalization, trade in goods and more across regions and countries, it has become increasingly complicated transaction process. Therefore, after land, sea and air, such as mode of transport, goods tend to various non-attributable to the subject matter of the buyer and the seller parties stricken the risk of damage or loss. Cargo damage caused as a result of force majeure, accidents and other reasons. Between the parties, the burden of cargo damage or loss not previously agreed upon, and afterwards it is difficult to agree on, which happened the sale of goods in risk transfer issues. How to develop a set of rules of law appropriate to divide the burden of the risk of both incentive transaction subject to actively enter into and fulfill the contract can not lose fair trade is one of the important subject of international economic law. Academic risk transfer theoretical model of the main risks with the establishment of the contract, with the transfer of ownership and with the delivery of the transfer of three kinds. Analysis of the pros and cons of this paper, the three models, the conclusion is the establishment of the risk transfer rules should be based on efficiency and equity as a basic standard, based on the equal status of civil subject, to encourage the parties more willing to complete the contracts entered into and to perform reconstruction, and on this basis of risk transfer mode, possession doctrine-based, supplemented by all 'mode. International trade rules, legal studies, international conventions and national laws can not be separated. Therefore, this article on the United Nations International Sale of Goods Convention on Contracts, \. The study results show that, our country \Mainly: lack of in-depth study of the basic principles of risk transfer, mechanically provisions of international conventions; does not require the specific matter of risk, while domestic scholars study the lack of depth; road goods sale and purchase of risk transfer is not comprehensive ; risk transfer issues in the event of default provided for, but scratch the surface, the lack of exhaustive and so on. This from China Contract Law to improve, maintain market economic order, and international standards such as point of departure, for the inadequacies of the \'supplemented by the risk transfer mode. 2, clearly defined the concept of risk. 3, relative to the provisions of a prerequisite for the transfer of risk. 4, clearly stipulates the transfer of risk adjustment range. LO goods trading risk transfer should be comprehensive provisions. 6, in the event of default risk transfer should be comprehensive regulations.

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