A Study On Passage Of Risks In The International Sales Of Goods

With the development of social economy and trade market, international economic globalization has become the new trend and the main melody. At the same time, the amount of various activities and trade are increasingly frequent between countries and regions, in order to realize the reasonable allocation of resources in different regions, transnational trade and cross-regional transaction has become the most important part of the way of the international trade activities. In the process of international goods trade, it often accompanied by a variety of terms of payment mode of transportation, diversification, diversification of sales of goods. It is inevitable that there are all kinds of unexpected circumstances, risk following in the process of the international sale of goods. For a long time, risk problem is widely concerned in international sale of goods and it is the most serious problem, because it will be directly related to the interests of buyers and sellers. However, due to the difference of risk burden system of rules and regulations, the division of risk burden problem is very easy to split. For businesses enterprises, risk control is an important step to gain profits. So, the study of risk transfer problems and the prevention and control of risk of enterprise problem has been extremely hard. So, in this paper, combining the theory of the concept of risk, the risk transfer, risk transfer rules, comprehensive domestic and foreign related legislation, on the basis of existing theory, the author put forward her own suggestions of risk transfer problems, in order to help Chinese enterprises in the field of international sales of goods.This paper is divided into four parts:The first part:put forward and introduced the meaning and characteristics of risk, and then introduced the three kinds of legislation of transfer of risk theory, namely the ownership of the contract, delivery and socialism, and the merits and demerits of the three theories in-depth analysis, point out that delivery principles in modern advantage in the international sale of goods.The second part:the paper introduced the abroad about the legal provisions of transfer of risk, respectively, by the United Nations convention on the international sale of goods (CISG), the American uniform commercial code, the related provisions of "INCOTERMS 2010" are introduced in details.The third part:combined with specific case, the article discussed the current relevant legislation in our country, to perfect the contract law of risk transfer specific legislative proposals that are put forward.The fourth part:tried to explore in international trade, suggested the enterprises in our country to guard against risk, mainly from the perspective of buyer and the seller, respectively, gave both the buyer and the seller constructive advice.