China's Exploration Of Risk Transfer Rules For International Goods Trading

Risk transfer in international goods trading has always been an important issue concerned in theory and practice,and the standard of risk transfer in the risk transfer problem concerns the fundamental interests of the parties,so it is the most concerned by scholars,judicial practitioners and transaction parties.With the development of the civilization history of mankind,the problem of the risk transfer of goods in the process of the sale of goods has undergone constant changes in practice and theory.In essence,the division of risk transfer is the division of risk bearing.In the process of goods sale,the division and reasonable transfer of risk become the focus of dispute between buyer and seller.This paper tries to provide some Suggestions for the improvement of risk transfer rules in China's civil code through the comparative analysis of international rules of risk transfer and the classification of current risk transfer rules in China.The first part expounds and analyzes the research sources and theories of risk transfer.First of all,through the description of the change of the focus of risk transfer research,the author clarifies his own views on the concept of the premise of risk transfer,namely risk.At the same time,the author clarifies the most controversial problem in theory and the most influential problem in practice,namely the rule of risk transfer time.Then,through the institutional analysis of the countries that take the lead in regulating the risk transfer rules of international goods trading,three main theories,namely contract formation,ownership and delivery,are summarized based on the inspiration of various countries.Finally,the author thinks that should adopt the reason of deliverism to explain.In the second part of our country “contract law” about the goods business risk transfer introduces and analyzes the present situation and problems of the specification,mainly from the legislation present situation,and through the analysis of the typed with CISG brief comparative analysis,comments on the “contract law”about the rules of risk transfer in redeeming feature,from the aspect of rules to find our country "contract law" to the problem of international goods business risk transfer,these problems include: lack of specified goods premise condition,the definition of risk is missing,the meaning of the delivery,the seller's liability for breach of contract provisions of a single,place of delivery specification coarsening,loss in transit goods business norms.The third part CISG and INCOTERMS two greatest influence on the international goods business risk transfer regulations,in-depth studies are first about the relationship between the two complementary and elaborates the function differences,then carry on comparative analysis to the two rules of risk transfer,sums up the similarities and differences,coupled with the United Nations commission on international trade law related cases in the case analysis,find the international rules and actual cases of our country "contract law" rules of risk transfer in the absence of solutions,It provides reference for the further deepening of theoretical research,the unification of practical judgment results and the civil code to be issued in China.The fourth part mainly puts forward specific and detailed Suggestions on improving the risk transfer rules in China's civil code,including defining the basic concepts of risk,delivery and carrier.To clarify the basic principles,that is,the principle of autonomy of will,the principle of delivery,the principle of goods specificity;Detailed rules,that is,about goods involved in transport,goods not involved in transport,goods in transit,breach of contract liability,etc.