국제물품매매협약(CISG)상 위험이전에 관한 연구

A Study on the Passing of Risk under the CISG

Purpose The purpose of this study is to provide businessmen involved in international sale of goods with practical information and understanding of practical application about passing of risk by analyzing the provisions on the passing of risk of the CISG. Design/methodology/Approach This study defined the meaning of the risk and examined the relevant provisions of passing of risk under CISG. Findings The Chapter IV of the CISG deals with the passing of risk. Article 66 regulates that loss of or damage to the goods after the risk has passed to the buyer does not discharge the buyer from his obligation to pay the price. Article 67 regulates the passing of risk in the contract of sale involving carriage of the goods. If the seller does not have any obligation to hand the goods over at a particular place, the risk passes to the buyer when then goods are handed over to the first carrier. Article 68 regulates that the risk of the goods sold in transit passes to the buyer when the parties concerned conclude their contract of sale. Article 69 applies to the contract of sale which does not involve carriage of the goods. If the buyer has an obligation to take over goods at the seller’s premises, the risk passes to the buyer when he takes over the goods. Article 70 applies to the contract of sale that the seller commits a fundamental breach of contract. Research Implications By examining the passing of risk and analyzing some case studies for passing of risk, this study provided a guidance for clear understanding of the exact time of passing of risk unde CISG.