In The International Sales Of Goods Goods Risk Transfer System Research

Risk is always the most common and important problem in the sale of goods, because therisk by who bear directly related to the fundamental interests of both parties,but how to dividethe risk bearing is a susceptible to the differences field.Countries Make regulations inlegislating for this problem,But due to the legislative idea and the differences ofspirit,countries about this problem of solving principle, processing method to create the basicare differences. This paper attempts to research and analysis the problem of the transfer ofrisk on national legislation, the international convention on the international sale of goods andthe international convention, in order to get a harvest, to improve our country "contract law"about the risk transfer.This paper mainly divided into five parts. The first part of this paper introduced to thebackground and purpose and meaning, also cited research situation and innovative points. Thesecond part is the main part of the article, to introduce the concept of risk, the components ofthe risk and analysis and definition risk characteristics.The third part mainly expounds therelevant countries risk transfer determination principle, the key is to contract concludestransfer principle, ownership transfer transfer principle, when delivered transfer principle, andthree principles of a brief analysis.The fourth part is introduce about business risk transfer ofall countries on the basis of the provisions of the relevant provisions.Especially focused onGermany, the United States and the "convention" relevant provision, this paper introducesabout the risk transfer all the general principle and legislative idea. The fifth part is listed inthe contract law in China about the problem of the transfer of risk the provisions of thelegislation and international conventions, contrast countries practices of the legislation, andfind out the suitable for now the relevant provisions of the contract development.In this paper, the problems arising from the risk transfer shall be analysis, and the risk ofrelated concepts, compared to the risk transfer system has a comprehensive and clearunderstanding, and the risk of the legislation of our country to understand and apply therevelation, to help in the judicial practice.