The Shift Of Risks And The Study Of The Relevant Lawmaking Problems In International Trade

When trading internationally, comparatively speaking, the delivery of goods involves many risks because of various ways of transporting by sea, by land or by air. In some cases, the goods to be delivered are in grave dangers, such as theft, fire, ship-sinking, breaking-up, leaking, putridness, deteropration and so on. The risks of goods are one of the main focuses of buyers and sellers. The shift of risks decides the critical benefits of buyers and sellers and is also the root cause of the disagreement between the two sides. Therefore, the shift of risks is attached great importance in lawmaking in different countries. And it is also one of the nominative contents in relevant international pacts and trade conventions.According to the relevant pacts and routines in different countries, the core content on the shift of risks depends on how to regislate the line on which the shift of risks should be made. The shift of risks not only involves the line division but also covers the influence of the breaking of agreements and force majeure and even some ambiguous items in the contracts for the centain party. Therefore, the problem of the shift of risks is a complicated law issue to be cleared in the international trade.In this thesis, the writer tries to define the risks by analyzing the theories and the regulations on the shift of risks and some relevant pacts and conventions as well as the regulations in the law of contracts. The purpose of the writer is to get a comprehensive realization of the problem of the shift of risks and hope to do some help in the lawmaking and the practice of the trade in this country.