1. How to stipulate the risk transfer in the international goods sale contract

 

1. The transfer of risk in the sale of goods with transportation clauses in the contract

 

According to Article 67 of the United Nations Convention on Contracts for the International Sale of Goods:

 

(1) If the terms of carriage stipulate that the seller is obliged to deliver the goods to the carrier for transportation at a specific location, the seller ’s risk will be transferred to the buyer after the seller fulfills his obligations;

 

(5) If the place of delivery is not specified in the contract, as long as the seller delivers the goods to the first carrier according to the contract, the risk of the goods is transferred to the buyer.

 

2. Risk transfer for goods sold in transit

 

According to Article 68 of the Convention, it is transferred to the buyer from the time the contract of sale is established.

 

However, since it is not easy to determine the risk time of the goods in transit, the Convention also stipulates that the risk will be transferred to the buyer from the time when it is handed over to the carrier that issued the transportation document. In this case, the seller must not know that the goods have been lost or The damage is limited.

 

3. Risk transfer of goods under other circumstances

 

In accordance with the provisions of Article 69 of the Convention, in other cases such as delivery at the seller ’s place of business, or delivery at a place other than the seller ’s place of business, the risk at this time is transferred from the time the buyer accepts the goods or when the goods are handed over to the buyer for disposal buyer.

 

2. What are the risk transfer rules in the international sale of goods?

 

1. Determine the principle of risk transfer based on delivery time

 

The "Convention" stipulates that without involving the transportation of goods, from the time the buyer receives the goods, the risk is transferred to the buyer. China ’s “Contract Law” also adopts this principle, which stipulates that “the risk of damage or loss of the subject matter shall be borne by the seller before delivery of the subject matter, and shall be borne by the buyer after delivery. Except where agreed. "

 

2. Principle of fault division

 

The Convention stipulates that if the goods are lost or damaged after the risk is transferred to the buyer, the buyer ’s obligation to pay the price is not released, unless such loss or damage is caused by the seller ’s behavior or omission. This shows that although the risk is transferred from the seller to the buyer from the time of delivery, the premise is that the transfer of risk is when the seller has no liability for breach of contract. If the seller breaches the contract, the principle of negligence division shall apply.

 

3. Questions and Answers about the Time of Risk Transfer in International Goods Trading

 

Netizens ask questions:

 

When will the risk of international goods purchases be transferred from the seller to the buyer?

 

The lawyer replied:

 

The time for risk transfer is when the risk is transferred from the seller to the buyer. Regarding this issue, different countries have different theories. In summary, there are about three types:

 

1. The time when the contract is concluded is the transfer time. Both Roman law and the modern Swiss debt code (Article 185) adopt this principle.

 

2. Taking the time of ownership transfer as the transfer time, the British Goods Sale Law and the French Civil Code exemplify this principle.

 

3. Take delivery time as transfer time. The laws of the United States and Germany, the "Convention", "2000 General Rules", and China's "Contract Law" have adopted this principle, that is, the method of separation of ownership and risk. Chapter IV of the "Convention" makes special provisions for this.