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KCI 등재
국제물품매매에 관한 UN 협약상의 위험이전
Passing of Risk under the United Nations Convention on the International Sale of Goods, 1980
윤남순 ( Nam Soon Yoon )
경영법률 18권 2호 363-388(26pages)
UCI I410-ECN-0102-2012-510-000116338
* 발행 기관의 요청으로 구매가 불가능한 자료입니다.

The CISG contains articles for the risk of loss and passing it through 66-70. The buyer does not be discharged from his obligation to pay the price after the risk has passed to him according to the CISG. The risk passes to the buyer when the goods are handed over to the carrier in principle. The risk in respect goods sold in transit passes to the buyer from the time of the conclusion of the contract. But the CISG has no definition of the types of risks covered by the rules on transfer of risk, thus leaving uncertainty. The types of risks covered by the CISG might include the physical loss or damage, deterioration, or perishing of the goods, the risk of loss of documents relating to the goods, and legal risk. Also, the CISG does not attempt to define trade terms (CIF, C&F, FOB carrier at named point of shipment, FAS, FOB carrier at named point of destination, ex ship, and the like). These terms, which (among other things) allocate the risk of loss or damage during transit, are too detailed and complex in their operation to be easily susceptible to international codification. Moreover, their definition is subject to change in the light of changing commercial custom and should not be frozen by the international legislation. Less easy to understand, however, is the CISG`s failure to address problems of risk of loss or damage that arise in documentary sales transactions in which trade for the international sale of such documentary transactions probably constitute the great majority of contracts for the international sale of goods, yet the CISG deals with documentary transactions only incidentally.

[자료제공 : 네이버학술정보]
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