International Sale Of Goods, The Transfer Of Risk

Modern international trade have always been deal with transnationaly. These involve bilateral interests,and these arouse great concern with both parties on how to allocate and bear these risks casued by loss.A focus of practise and theory of interantional trade law, is how to divide and bear risk.So it is an important thing to study the problem of how to divide and bear risk,i.e. transfer of risk. In this article, I make effort to analyze the case about risk-transfer under the international trade.This dissertation focus on the rule of the risk-transfer,which is composed of five parts.Part 1 is about the concept of the risk. Through comparative methord, I firstly make clear the definition of risk. As to the nature of risk,we should regard it only as price risk. Based on above-mentioned analysis, I summarizes contestations about the concept of the risk in today's theory field and submits my own viewpoint.Part 2 is about the time of risk-transfer. There are three major theories on transfer of risk,which are passing of risk when contract signed and passing of risk when ownership transfers and passing of risk when goods delivered. On the basis of discussion, it gives detailed comparison between them and confirms the advantages of risk passes with delivery.Part 3 is about the rules of passing of risk in international trade terms. In international trade,people always use an international trade terms in their contract. In the part, some more often used terms,are analyzed. Such as the dispute about dividing line of risk-transfer in INCOTERMS 2000 —'On board the vessel' or 'pass the ship's rail'. It's helpful to settle the practical dispute in domestic and foreign trade.And FCA,which is a new trade terms, are analyzed.Part 4 investigates specific provisions on the transfer of risk in detail, such as contract of sale involved carriage, selling goods which have already been handed over to a independent carrier for carriage, local sales and goods in storage sales. Interrelated rules of Contract law of PRC should use for reference the traits of...