Study On The Transfer Of Risks In The International Goods Trade

For international goods trade, the key point which we study is when and how to transfer the risks in the process of trade. After a series of modes of transportation goods suffered from risks of damages and losses by the causes which were not attributed to both parties, if both parties had not engaged in the responsibility assumption of the damages and losses of goods and had not reached consensus after the event, transfer of risks on the contract of sales of goods will happen. The distribution and undertaking of the losses’responsibility of the goods risks, it not only has a closed relations with the interests of both parties, but also can make great influence toward the development of international economy. If a set of act of law can divide the burden of risk correctly, it will drive both parties to sign and carry out contract actively; at the same time, it will also defend fair exchange and advance the development of international economy. Yet on present, we haven’t unified understanding of the attribution of the burden of risks, not only from academic research, but also from the practice of international trade. On one hand, it is the difference of internal legislation of each country; on the other hand, it is because the provisions in international covenants and international conventions lack unity. But because of the complexity of this question, and further development of international trade and increasingly frequency of trade contacts of each country, until now, the disunity of legal actuality caused more difficulties in the solving of trade disputes of both parties, and hindered the development of international trade. Because of this, the main content this paper analyzes is relevant theories and rules of the transfer of risks in international goods trade. Firstly this paper will summarize the reasons and legal consequence of risks in international goods trade. Secondly this paper will theoretically analyze and explain the principles of the transfer of risks, and study and comment legal applying of the transfer of risks in international covenants, international conventions and internal legislation. Finally this paper will give some suggestions for the flaws of legislation of the transfer of risks in internal legislation.