Risk Transfer, International Trade In Goods

Following the human society stepped into 21~st century, the speed of economic globalization is becoming more faster. As the bridge of the globalization, the international sale of goods plays an important role. However, the transnational sale of goods is a risky business, because the parties are far away from each other, and the quality of goods is much different. During the business, all kinds of matter can cause damage or loss. So, in the international sale of goods, passing of risk of the goods is a very important issue with practical significance, which involves directly the basic rights and obligations of the two parties. At the same time, passing of the goods is also a field where disputes and differences are liable to arise, so the two parties, the domestic legislations and the international treaties all attach greai: importance on it. The international treaties such as United Nations Convention on Contracts for the International Sale of Goods, INCOTERMS2000, and almost all the domestic legislations; make specific provisions on it.Having looked up and on the basis of a great deal of materials on the passing of risk, this dissertation is trying to, with the methods of comparison and balancing of interest, make research and analysis on such issues as the basic concept of risk, the reason of risk, the time of passing of risk, the key issue of passing of risk, the rules for passing of risk in various modes of delivery of goods and several particular issues in close relevance to passing of risk, especially make detailed research and comparable analysis on the rules for passing of risk as provided by the US Uniform Commercial Code, United Nations Convention on Contracts for the International Sale of Goods, INCOTERMS2000 and China Contract Law, having clarified some disputable views. The aim of this dissertation is to discover the differences among the rules and the practical disagreements, and to make reasonable analysis on these rules, hoping to be beneficial for the solution of the reduction and avoidance of disputes concerning passing of risk in the international trade.This dissertation mainly deals with the following issues:1. Definition of risk. The risk of goods in the international sale of goods refers to the damage or loss not attributable to the parties of the sale contract.2. The time of passing of risk, that when does the risk pass to the seller from the buyer.3. The consequences of bearing the risk. If the buyer bears the risk, it is generallythought that loss or damage to the goods does not discharge him from his obligations to pay the price. Nor may he require delivery of substitute goods or claim damages from the seller. The consequence of bearing risk by the seller varies with the type of the target matter of the sale.4. Different theories and legislations on passing of risk.5. The rules for passing of risk in various modes of delivery of goods. (1). Passing of risk involving the carriage of the goods.(2). Passing of risk of floating cargo. (3). Passing of risk when the buyer dose not bear carriage(4). Passing of risk when the goods are delivered at the place other than the place of business of the seller and at the destination.6. Passing of risk under breach of contract.