International Trade And The Seller Defaults And The Relationship Between Risk Transfer Of Goods

The field of international trade in goods on the risk burden is itself a likely focus of controversy, but after a time, the accumulation of sediment and practice, the current internationally accepted transfer of risk from the time of delivery, that is, "Deliverism" rule. The seller of goods or default risk may be the transitional process of normal trade a certain impact, as will the direction of risk transfer should be hindered, as the case may be. National laws and international treaties which have different requirements, but also indirectly resulted in the same case at the break for the results of different regulations and the embarrassment of contradictions, a practice brought great distress. So the discussion of various theoretical perspectives are reasonable, to finally determine what the seller in the event of default would affect the risk transfer of goods is of great practical significance.In essence, to the main body of the real risk is that buyers and sellers, such as no default or accident, in accordance with normal trade practice, the risk of the goods from the seller to the buyer. But in reality, the transaction is not so simple, all kinds of emergencies and the adverse consequences of their often be complicated, if the seller fails to deliver the goods contract, the buyer delays in receiving, refused to pay will affect the transfer of risk are all related factors. For the latter, in accordance with the rules of risk transfer of goods, the buyer has not yet bear the risk of the goods, but because of its breach of contract, breach of contract in the production of goods the subject of risk is often the occasion of the transfer to the buyer in advance, so the end result no real transfer of risk and normal difference, just take the time to be different, the paper whether the buyer will default does not affect the transfer of risk discussed in detail. The seller may reverse the default behavior of the direction of risk transfer, re-allocation of responsibilities by both buyers and sellers on the rights and obligations of parties to the contract have a greater influence, in reality, we also need to identify the transaction solutions. Breach of contract with the seller of goods to the relationship between risk transfer, the current academic circles both in the field of legislation, or the findings are not uniform, the scholars disagree. Roughly as follows: the seller of goods passing of the risk of default, the buyer should not assume the no-fault cases, the destruction of the goods and the resulting series of losses, the risk back to go to the seller; the other is the buyer's breach of contract even if the seller of goods should also be borne risk, but can require the seller to bear the corresponding liability for breach and as a remedy. The author of the above two rules to determine the risk of over-all absolute negative attitude, and the burden of risk put forward a new standard, when the seller defaults and the relationship between the occurrence of the risk, the seller should bear the corresponding risk of loss of responsibility, and vice versa extent only in the breach of contract can be held liable for breach.