International Trade In Goods, Transfer Of Risk

With the frequent incorporation of the world economy and the strong increase of Chinese economy after entering WTO, international trade changes quickly day by day. As the biggest developing country of WTO, China should play a key role in the world. However, goods trade which is the most traditional and important needs long transport; it can meet varied natural disasters, accidents and other risks. Because of different politics, economy and culture, different countries have different laws about risk bearing, then there exist many conflicts inevitably. In the article, I will 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, 2000 (INCOTERMS 2000) and Contract Law of PRC. Besides, I want to discuss some concrete contents and applied conditions of various principle of risk bearing. Finally , I hope to point out the defects existed in Contract Law about risk-transferring practically and theoretically and find out something available appeared in CISG, INCOTERMS 2000, Contract Law of PRC . Several suggestions on improving Contract Law of about risk-transferring will be brought forward in this paper so as to perfect risk-transferring acts of China and I hope it is useful in dealing with domestic and foreign trade. The paper consists of four parts in addition to the preface.Part one: "conspectus of risk and risk-transferring". Firstly, Risk and risk-transferring are defined. The risk-transferring in this paper is only brought in international goods trade, and the scope of goods is particular. The goods should have material form and mobile characteristics. At the same time, the reasons of the risk are only limited in some loss which can't attribute to both parties in the contract, and they also do not include the following reasons: the rate of exchange, price, international balance of accounts etc.. And the risk is only bearded by both parties in the contract.Part two: "principles and estimation of goods risk-transferring". The three principles concerning goods risk-transferring are discussed in this paper primarily. Namely, the principle of the contract-established, risk-bearded by owner and theprinciple of passing goods. The author makes a conclusion through estimating the principles applied in different countries and areas.Part three: "comparative research on applying law about goods risk-transferring". This part involves four parts, which are the conveyance from the business contract, road goods business, breach contract and other circumstance. Through comparative research, the author points out the different provisions from the law system of mainland, the law system of British and American, relevant international convention and international custom.Part four: "relevant provisions about risk-transferring in Contract Law" . The part expatiates on the problem concerning the risk-transferring and its basic principles, pointing out some flaws among them and forming some suggestions.