The Research On The Risk-transferring System Of International Trade

The risk of goods loss is a very critical issue in the transnational sale of goods. Although there are some corresponding provisions about this issue in domestic legislations, international treaties and conventions at present. However, these provisions differ from each other distinctly. The vagueness lead to some issues and disputes easily. Therefore, the research on the risk of goods loss in the transnational trade has its practical meaning. Risk is a kind of loss which is suffered by both parties. How to bear the risk is related to the interests of both parties. If both parties agree on how to bear the loss in the contract, the loss should be dealt with according to the contract. If there is no agreement, we should establish rules to bear the loss through laws so as to assign the loss of the risk to both parties rational and fairly as much as possible. The main issue of the risk bearing is when the risk is transferred from sellers to buyers.This article is prepared to introduce and analyse something about the concept, meanings and characteristics of risk, to study relative theories and certain rules and to analyse some cases about risk-transfer under the international trade customs. I will research on the provisions of risk-transfer based on United Nations Convention on Contracts for the International Sale of Good (CISG) which is the most influential in the international trade field. Meanwhile, I will make comparative research among correlative provision of International Rules for the Interpretation for Trade Terms, 2000(INCOTERMS2000), Uniform Commercial Code (UCC) from America. I will discuss the details and applicable conditions of every risk-transfer bearing principle and state the impact of risk-transfer from the violation of contract; Eventually, I point out the defect existed in the provision of risk-transfer in the Contract Law of PRC from the theoretical and practical...