국제물품매매계약에 관한 UN 협약(CISG)상 위험의 이전에 관한 고찰

A Legal Study on the Passing of Risk under CISG

Chapter IV of Part III of the CISG deals with the passing to the buyer of the risk of loss of or damage to goods. The first article of the article 66 states the consequences for the buyer after such risk passes to the buyer. The following three articles 67-69 set out rules for when the risk passes to the buyer. The final article of the article 70 states the allocation of the risk of loss or damage if the seller commits a fundamental breach. As a general rule, a seller that satisfies its obligation to deliver goods or documents will cease to bear the risk of loss or damage. The language used in chapter IV and in articles 31-34 is often identical. One decision therefore concludes that the same interpretation should be given to the word carrier in articles 31 and 67. The rules in chapter IV apply without regard to whether the seller or the buyer owns the goods. Chapter IV therefore displaces domestic sales law that allocates risk to the owner of the goods, although the outcome may be the same in any particular case under both the CISG and the domestic law.