Study On Risk Deflection Of International Sales Of Goods And Chinese Enterprise’s Prevention From Risk In The International Sales Of Goods

With the development of the society, the business trade in modern sense is nolonger confined to some certain area and international business trade has become thebetter choice of many enterprises. Modern international trade shows a trend: a varietyof modes of sale of goods, a variety of modes of transportation, a variety of modes ofpayment. In this way, more convenience is added to the international sale of goods.And at the same time, diversification has led more uncertainty to the goods in thewhole trading process. As a result, the issue that the risk of damages and losses in theprocess of trading, and the person who will bear the responsibility between the buyerand the seller, are not only related to the vital interests of the seller and the buyer, butalso important problems in the process of international sale of goods.The risk problem of goods has a long history. When the goods risk occurs, boththe seller and the buyer may be hurt by the risk. So how to avoid risk in order tosafeguard their rights is a priority problem between the seller and the buyer. However,in many cases, the parties will confuse the concept of risk. What the hell is the goodsrisk? Risk has a wide rage of definitions. And the definition in law and the definitionin economy are different. In a simple term, the goods risk is the possibility that thegoods is damaged and destroyed by external causes. Since it is not due to the parties’ intentionally or negligently, it is an important problem to determine who should bearthe risk of goods. Especially for the enterprise, risk control is one of the importantsteps to make a profit. So the risk transfer problems and the risk prevention of theenterprise have a great significance.This article studies the argument mainly from the following parts. The first partcites a case to draw out the argument we discuss in the paper. The case shows theform of risk in the practice and the influence of risk on both parties. The second partis on the basis of the first part discussing the basic contents of risk of goods, includingthe definition of goods risk, the characteristic of the goods risk, the nature of goodsrisk and several theories of goods risk in theoretical circle, which lays a goodfoundation for the below. Part three, which is on the basis of the theories of the secondpart, starts from the actual legislation, and analyses the application of the threetheories of transfer of risk, mainly analyzing the international conventions,international practice and legislation in some countries. After it, the final argumentfocus on the goods risk transfer system of contract law in our country. In the last part,on the basis of summing up the above, the paper tries to explore that in internationaltrade, how should enterprises in our country guard against risk. And mainly from theperspective of buyers and sellers, different advice to different angles could be given.The full-text focuses on the goods risk. It is hard to say what innovation thisarticle places, just hoping to present my own view of risk deflection of the goods andmaking suggestions to enterprises in international trade.