CISG와 Incoterms？？ 2010의 위험이전 비교

A Comparison of the Transfer of Risk between CISG and IncotermsⓇ 2010

CISG deals with the passing of the risk of loss of or damage to the goods from the seller to the buyer. According CISG, the risk passes to the buyer when the goods are handed over to the first carrier under the contract of sale involving carriage of the goods (Article 67) and the risk in respect of goods sold in transit passes to the buyer from the time of conclusion of the contract (Article 68). In case not within articles of 67 and 68, the risk passes to the buyer when the buyer takes over the goods. Article 70 explains between passing of risk and fundamental breach of contract by the seller. IncotermsⓇ 2010 provides that the risk of loss or damage to the goods, as well as the obligation to bear the costs relating to the goods, passes from the seller to the buyer when the seller has fulfilled his obligation to deliver the goods. CISG can function in connection with IncotermsⓇ 2010 to the extent that they mutually supplement and support each other. Where the regulation provided by IncotermsⓇ 2010 is inadequate, CISG can supplement the IncotermsⓇ 2010 rules and vice versa. In conclusion, the relationship between IncotermsⓇ 2010 and the CISG is indispensible and also is one of co-existence and complementation. Both CISG and IncotermsⓇ 2010 rules provide a uniform legal framework when making international trade contracts.