Vol. 3, Issue 2 (2017)
The study of transfer of risk in international trade contracts
Author(s): Marjan Madadi Emamchai, *Ahmad Tajee
Abstract: The contracts with the nature of the swap and ownership are the most important tools to get rid of communities from the one-dimensional economy, which the contract of sale is the main and the complete symbol of them. One of the most important issues in relation to such contracts is a transfer of risk issue in these cases. The importance of transferring exchange guarantees or risk in domestic and international contracts is an undeniable and obvious affair. After the conclusion of the contract, in fact, several events may change the initial state of the goods under the contract and cause damage to the product. The incidence of such damages may be happening in different stages, including before submitting, during transportation, during an evacuation and even after the submission. In the internal law of countries, there are predicted different rules to transfer risk from the affirmative party of the contract to the acceptor. In international documents relating to contracts, such as the UN Convention on the International Sale of Goods (CISG) and International Commercial Terms (Incoterms). These rules have mentioned. According to the mentioned words, this study assesses transfer of the risk in international trade contracts.