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Comparative Study On Risk Transfer Of International Goods Sale

Posted on:2007-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:J D YanFull Text:PDF
GTID:2166360185950846Subject:International Law
Abstract/Summary:PDF Full Text Request
Under the forceful driving of economic globalization, the contemporary business trade mostly crosses different districts and nations, and the delivery process of cargoes is rather complicated. After experiencing all types of transportations, cargoes will probably undertake various accidental losses, such as stolen, fire, sinking, crush, leakage and abnormally rotten or deteriorated. These involve bilateral interests, and arouse great concern with both parties on how to divide and bear these risks caused by loss. So the study of risk transfer in the international sales of goods is quite important in practice. If China which just entered WTO before long wants to be the winner in the international trade, it is a question of how but not if to study risk transfer in the international sales of goods.In the paper, I try to introduce something about the concept, meanings and characteristics of risk, to study relative theories and certain rules, and then to make a comparison among correlative provisions of United Nations Convention on Contracts for the International Sale of Goods (CISG), International Rules for the Interpretation for Trade Terms (INCO TERMS 2000), America Uniform Commercial Code (UCC), UK Sale of Goods Act, France Code of Civil Law, German Code of Civil Law and Contract Law of PRC. Finally, I point out the defect existed in the Contract Law about risk transfer practically and theoretically and find out something available. Several suggestions on improving contract law of risk-transferring will be brought forward in this paper so as to systematize and materialize operable risk-transferring acts of China and I hope it useful in dealing with domestic and foreign trade.
Keywords/Search Tags:international goods trade, risk, risk transfer, legislative improvement
PDF Full Text Request
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