THE INTERNATIONAL COMMERCE & LAW REVIEW (무역상무연구)
- Volume 53
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- Pages.31-48
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- 2012
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- 1229-2036(pISSN)
A Study on the Passing of Risk in the United Nations Convention on Contracts for the International Sale of Goods & Incoterms(R) 2010
국제물품매매계약에 관한 UN협약(CISG)과 Incoterms(R) 2010의 위험이전에 관한 연구
- 임천혁 (건국대학교 국제통상전공)
- Received : 2012.01.31
- Accepted : 2012.02.23
- Published : 2012.02.29
Abstract
If see CISG's passing of risk and altered regulations first, when sales contract accompanies transport of goods and seller does not have duty to deliver goods at particular place, when deliver to the first carter to send to purchaser according to sales contract risk passes to purchaser, and when there is duty that seller must deliver goods to carter at specification place, when goods are delivered to carter at same place, risk does not pass to purchaser. Second, risk about transporting goods passes to purchaser at signing a contract. But, when there is special assessment, risk passes to purchaser when goods are delivered to carter who publish document that embody contract of carriage. Nevertheless, it is loss if seller did not notify this truth to occasion purchaser who could knew loss or damage of goods or know justly at sales contract conclusion defamation danger seller of be burdensome. Third, seller has responsibility about damage or loss as long as hide in own artificiality or forbearance after risk passes to purchaser. Regulation about risk in Incoterms 2010 was separated into 11 condition, and move time of risk differs in angle condition. It is appeared that the substance handles relatively comprehensively because compare in Incoterms 2010 although it is because it becomes if it examines regulation about deliver and passing of risk of goods setting in CISG relatively concise. Also, segments that can become posibility of analysis controversy exist.