The Taking And Transferring Of The Risk Of Loss In The Contract Of International Sales Of Goods

During the process of International Sales of Goods, the problem of Risk of Loss remains crucial. Our country's legislations and relevant International Conventions and Practice have made corresponding regulations against this problem; however the difference between relevant legislations and International Convention is contrasting. Some of those basic concepts and principles remain unclear and easily lead to dissension and entanglement during practice. Therefore research of the problem of Risk of Loss during International Sales of Goods bears practical significance. This article applies techniques of comparison, demonstration and Economy Analyze, through generalizing and commentary to risk taking, transferring and analyzing and discussing to specific regulations reveals the significance of Risk of Loss in course of International Sales of Goods and finally come to some valuable conclusion. There are all together four chapters besides the Introduction and Conclusion, including the following contents: Chapter One: Point out the concept of Risk of Loss and tell the difference between it and similar concepts; Chapter Two: focus on the legislation system on the problem of the risk taking, and the theory system of this problem, legal consequence of bearing risk and the difference between Risk Taking System and Common Mistake System. Chapter Three: mainly introduces and appraises the leading theories and principles referring to the Passage of the Risk, and using the techniques of Economy Analyzing, from the Economic prospect to comment on those principles. Chapter Four: research on the problem of Passage of the Risk under the specific situation, probes into the relationships between delivery, appropriation, container transportation, Insurance, breach of the contract and the passage of the risk and the effect of transferring of risk.