Risk Burden Of The International Trade In Goods

In the realm of international goods trade, risk bearing is a significant question which possesses the value of both the basic research and the practical operation, simultaneously, also is relative to the both sides' economic interest, so it is the indispensable content to maintain the transactional order and provide the good cooperative platform in the sales legislation of contract.The concept of risk in international goods trade refers to the damage or complete losses which can not be attributed to any side. According to the various countries' legislation and the scholastic viewpoint, risk is caused by the force majeure, the accident, the reason of third party and the natural characteristic of goods, and risk bearing means that neither the seller nor the buyer should be responsible to the responsibility. Because the principles of risk bearing are similar with some other regulations in the contract law, such as the violation of the contract, the change of the basis of the contract, so it is very necessary to compare with the difference among the similar regulations. by comparation we can understand and master the risk and the risk bearing comprehensively.Secondly, this article analyzes the principles of risk bearing at the different situation of contract. Commonly, if both sides have agreement at the situation of non-violation of contract, then there agreement should be applicable preferentially. If they have not agreement or have agreement but unclear, in fact, various countries' legislation and the related international treaties, international convention have three kinds of standards to solve, namely the doctrine of the establishment of the contract, the doctrine of ownership and the doctrine of delivery. This part also analyzes and estimates these standards.For risk bearing at the situation of the violation of contract by one side or both sides. This article discusses the principles of risk bearing from the violation by seller, buyer and both sides. at the same time, there are some special contract in the international goods trade, of course the principles of risk bearing can be different, this article also analyzes these special regulations.Finally, this article analyzes the principles of risk bearing in the contract law of our country. Based on the analysis of the contract law of our country and by comparing with international legislation and judicial practice, the author gives own some proposals to the contract law of our country about the principles of risk bearing in place of oversight.In the conclusion, the author emphasizes the important value of this thesis to perfect the frame and the content of the article.