송부매매의 위험이전에 관한 법적 논점 — 국제물품매매계약에 관한 UN협약(CISG)을 중심으로 —
Legal Issues on the Passing of Risk on the Contract of Sale Involving Carriage of the Goods under CISG
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When no party has the responsibility for loss of or damage to the goods in the international sale of goods, the problem concerning which party should burden the damage or loss takes place. The issue of the passing of risk has been raised as the very important issue in conducting the business of the international sale of goods which occupies a majority of international trade. In this regard, As a general rule, risk of loss is governed by the United Nations Convention on Contracts for the International Sale of Goods, 1980 (CISG). the CISG will enter into force, insofar as Korea is concerned, in March 2005. If the contract of sale involves carriage of the goods and the seller is not bound to hand them over at a particular place, the risk passes to the buyer when the goods are handed over to the first carrier for transmission to the buyer in accordance with the contract of sale. If the seller is bound to hand the goods over to a carrier at a particular place, the risk does not pass to the buyer until the goods are handed over to the carrier at that place. In this respect, CISG chooses the connection with the delivery of the goods to announce that the convention is not concerned with the effect which the contract may have on the property sold. Practically it is reasonable for the Convention to stick on delivery of the goods in connection with the time of passing of risk in sale of equity as well as efficiency to the international sale of goods. However, these agreements have many problems in solving the issue of the passing of risk that arise in the actual trade transaction. Therefore, This study has analyzed and examined the theoretical system of the passing of risk based on the Uniform Commercial Code, BGB and academic data provided by institutes at home and aborad.
Abstract
When no party has the responsibility for loss of or damage to the goods in the international sale of goods, the problem concerning which party should burden the damage or loss takes place. The issue of the passing of risk has been raised as the very important issue in conducting the business of the international sale of goods which occupies a majority of international trade. In this regard, As a general rule, risk of loss is governed by the United Nations Convention on Contracts for the International Sale of Goods, 1980 (CISG). the CISG will enter into force, insofar as Korea is concerned, in March 2005. If the contract of sale involves carriage of the goods and the seller is not bound to hand them over at a particular place, the risk passes to the buyer when the goods are handed over to the first carrier for transmission to the buyer in accordance with the contract of sale. If the seller is bound to hand the goods over to a carrier at a particular place, the risk does not pass to the buyer until the goods are handed over to the carrier at that place. In this respect, CISG chooses the connection with the delivery of the goods to announce that the convention is not concerned with the effect which the contract may have on the property sold. Practically it is reasonable for the Convention to stick on delivery of the goods in connection with the time of passing of risk in sale of equity as well as efficiency to the international sale of goods. However, these agreements have many problems in solving the issue of the passing of risk that arise in the actual trade transaction. Therefore, This study has analyzed and examined the theoretical system of the passing of risk based on the Uniform Commercial Code, BGB and academic data provided by institutes at home and aborad.
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