A Study on the Passing of Risk in International Sale Contracts Involving Carriage of the Goods under CISG

Abstract

The transfer of risk in the contract of sale is a question of great practical significance because of its potential for consequences. Risk of loss rules is established whether the seller may recover the price of the goods, or whether the buyer must pay for the goods and take delivery, despite the fact that they are partially damaged or totally destroyed. Although risk has been dealt with extensively, it still creates numerous unsolved problems by reason of the constant changes in modern commerce: container and multimodal transport, bulk consignments, loss of unascertained goods and interpretation of ‘loading’ are only some of the problematic areas for which the present study attempts to propose solutions. More specifically, this study concentrates on the transfer of risk in the contract of international sale involving carriage of goods, therefore the article will focus mainly on analyzing the CISG provisions that fall under this category, in particular “Article 67” of the convention.