무역거래 당사자간 계약물품의 위험이전 시기에 관한 연구

Abstract

This study has analyzed regulations of the passing of risks relating to the goods according to the Incoterms(2000) compared with CISG and usage of international trade. Generally, the international trading parties do not write separately one's share in the risk in sales contract. Therefore, in process of international trade, decision of risk bearing person is decided by trade terms and applicable law in their contract. In these meaning, Incoterms(2000) and CISG have used representatively in international trade, But there are differences about a each other with Incoterms(2000) and CISG relating to regulations of the passing of risks. Therefore, the contracting parties should understand enough basic keynote and contents of Incoterms(2000) and CISG to prevent a dispute of the passing of risks relating to the goods between two, thereafter select any trade terms and applicable law. In case of doubt, the parties are advised to clarify the time or point of the passing of risks in their contract.