Study On Risk Deflection Of International Sales Of Goods And Related Countermeasures In China

At present, most international sales of goods involves ocean transportation, and the trade way presents diverse characteristics, it is why inevitably the goods get into the risk of damage or loss in this process, the problem of how to divide the risk, which party of the contract to bear the risk and at what time does the risk defect, concerns not only the vital interests of both parties, but also the important issue in the contract for the sales of goods. Hence the Legislatures of every nation attach great importance to the risk deflection in the goods sale contract and it occupies an important position in relevant international conventions and international trade practice. Contract law of people's Republic of China, came into effect in 1999.laid down detailed rules on goods risk deflection on the basis of experiences in the international conventions and international trade practice and absorption of contract law system in other nations. However,there is debate on the risk deflection of subject matter of contract and the relevant regulations in Contract Law. Thus, the research on risk deflection system in the contract of sale applies important significance in the theory and practice.Firstly in part one, this thesis analyses the relevant concept of risk and risk deflection, and analyses the deflection of risk and causes creates risk from different angles. Then, I introduce three legislative examples of sale risk deflection, namely, Contract Formation Doctrine,Delivery Doctrine and Proprietary Doctrine,these three theories take different points of time as the moment when the risk in contract of sale transfer, the points of time are,the moment of contract formation, the moment the ownership of subject matter transfers, the moment the subject matter delivers, and I have analysed thoroughly the merits and the demerits in these theories, pointing out advantages the Delivery Principle takes in modern international sale of goods.In part two,I introduce risk deflection rule of sale of goods concerning transportation with the combination of relevant legal provisions from the Uniform Commercial Code, United Nations Convention on Contracts of International Sale of Goods and Trade Terms, then,on the basis of chapter one, analyse the concrete content and applicable conditions of risk deflection rules under circumstances of goods afloat,nonspecific goods and default. At last,in part three,with the integration of theory development and actual requirements,probe into concrete regulations in risk deflection in Contract of China, and United Nations Convention on Contracts of International Sale of Goods and regulations of other nations, so as to wholly comprehend the risk deflection in international sales of goods, finally, decrease or avoid dispute related with risk in international trade of goods between both parties in the contract of sale.