THE INTERNATIONAL COMMERCE & LAW REVIEW (무역상무연구)
- Volume 60
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- Pages.27-46
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- 2013
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- 1229-2036(pISSN)
The Study on the Risk and Risk Transfer of the Incoterms in a Contracts for the International Sale of Goods - Based on the Revised Incoterms 2010 & CISG -
국제물품매매계약에서 위험과 위험이전에 관한 연구 - Incoterms 2010과 CISG를 중심으로 -
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김동호
(상명대학교 국제통상학과)
- Received : 2013.11.29
- Accepted : 2013.12.13
- Published : 2013.12.31
Abstract
The Incoterms and United Nations Convention on Contract for the international Sales of Goods(CISG) allocate a risk in their articles. These rules make a decision that the parties who make a transaction are bound to bear the risk or damages of goods. Though a goods have a damages or loss during a transportation, buyer is liable for the payment of purchase price. In this case, this paper defines the meaning whether who can bear the risk under Incoterms and CISG. In the majority cases which deal between parties, after shipment or at the end of carriage, the loss or damages are found in buyer's hand. If a damages or loss is made during transit, customarily these risk are covered by insurance. Otherwise, these rules provide a tools for solving this problems. Then, between parties should be accomplished their target equitably.