CISG中的風險轉移問題研究
University of Macau === Faculty of Law
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University of Macau
2011
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| Online Access: | http://umaclib3.umac.mo/record=b2537435 |
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ndltd-MACAU-oai-libdigital.umac.mo-b2537435 |
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ndltd-MACAU-oai-libdigital.umac.mo-b25374352013-01-07T23:05:50Z2011http://umaclib3.umac.mo/record=b2537435UM_THESESUniversity of MacauFaculty of LawUniversity of MacauUnited Nations Convention on Contracts for the International Sale of Goods (1980)Export sales contracts出口銷售合約Foreign trade regulation對外貿易法規Commercial lawchi陳科汝CISG中的風險轉移問題研究Study on the theory of risk under the CISGWith the rapidly developing of the global economic, commercial exchanges become more and more close day by day, and the international trade in goods become generally. The transportation of International trade in goods usually need to go through a tedious process or a long time to deliver to the buyer. It is important that who should bear the risk of the damage or loss during this period. Risk transfer means that who should bear the risk of the damage or loss, an essential question in passing of risk is to determine the time that when the risk transfer from the seller to the buyer. But risk transfer is an area that easily disagreement and disputes, so it is important to make sure the specific time and conditions of risk transfer. And it not only valued by national legislation, but also by international treaties and international conventions. As one of the most important international treaties, CISG has become the most important treaty in international trade field as well as the most representative in stipulating the system on the passing of risk. So it is necessary to discuss the rule of risk transfer of CISG. The article divides into four parts. The first part is the overview of the rule of passing of risk, elaborated the basic concept of the system on the passing if risk, and discuss the three general principles. The second part emphatically from semantic, comparative, empirical analysis viewpoint explained and evaluated the system of passing of risk of CISG, through combing the history of the CISG. The third part analyzed the impact of some factor on the application of the article. These factors include cargo-identifying, trade terminology and parties violation. The fourth part elaborated ur country’s correlative stipulation as well as its question, and gives some suggestions to perfect it. This paper hopes to give some suggestions to perfect the contract law of China by discussing the rule of the passing of risk of CISG. |
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NDLTD |
| language |
Chinese |
| sources |
NDLTD |
| topic |
United Nations Convention on Contracts for the International Sale of Goods (1980) Export sales contracts 出口銷售合約 Foreign trade regulation 對外貿易法規 Commercial law |
| spellingShingle |
United Nations Convention on Contracts for the International Sale of Goods (1980) Export sales contracts 出口銷售合約 Foreign trade regulation 對外貿易法規 Commercial law 陳科汝 CISG中的風險轉移問題研究 |
| description |
University of Macau === Faculty of Law |
| author |
陳科汝 |
| author_facet |
陳科汝 |
| author_sort |
陳科汝 |
| title |
CISG中的風險轉移問題研究 |
| title_short |
CISG中的風險轉移問題研究 |
| title_full |
CISG中的風險轉移問題研究 |
| title_fullStr |
CISG中的風險轉移問題研究 |
| title_full_unstemmed |
CISG中的風險轉移問題研究 |
| title_sort |
cisg中的風險轉移問題研究 |
| publisher |
University of Macau |
| publishDate |
2011 |
| url |
http://umaclib3.umac.mo/record=b2537435 |
| work_keys_str_mv |
AT chénkērǔ cisgzhōngdefēngxiǎnzhuǎnyíwèntíyánjiū AT chénkērǔ studyonthetheoryofriskunderthecisg |
| _version_ |
1716479160618057728 |