Research Of Transfer Of Risk In International Sales Of Goods

The transfer of risk issue under the international sales of goods deals with the interests of the parties involved in a sales business, and is one of the hottest topics in sales contract. It has attracted great attention from law experts around the world. Many nations have also tried to set up legal provisions on transfer of risk issues. With the international trade developing in a further way, trades between nations have also been growing in an enormously rapid way. Under this background, the legislature coordination among different nations has become more and more important. Thus it is required to have some discuss on the issue of transfer of risk under the international sales of goods.First of all, the author gives some definition on the two basic terms, i.e., sales of good with an international character, the definition and characteristics of risk in this very paper, and the various causes that lead to some risk.The author then in Chapter Two, takes an analysis on the rules of transfer of risk by telling it apart with the rules of transfer of title, the rules of Handing-over, the timing of formation of a contract, and the principle of self-determination. With regarding to the Handing-over rule, the author argues the strengths of the"transfer of risk when handing over"principle with the back up analysis on provisions in CISG and UCC. While relating to the transfer of title, the author renders a pros-and-cons analysis. The interactions with formation of a contract and the rule of self-independence in the region of contract are also discussed in this Chapter.With the aforementioned Chapters, the author discusses the specific rules of transfer of risk in some different occasions in particular. As the transfer of risk with the participation of a carrier is characterized as most typical one in an international trade, the author comes with a combined analysis on relevant provisions in domestic legislature, international conventions and international practices. The transfer rules in other three occasions are also discussed with the cases.In the end, the author points out some drawbacks from the Contract Law of P.R. of China regarding the transfer of risk problem and also offers some suggestion to make some improvements and make the law more enforceable.