International Sales of Goods: Risk Shift in Transaction by Using a Third Party Carrier

• Main Authors: HSIEH, I-LIN, 謝以琳
• Other Authors: JENG, GUNG-YEU
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/hnx894

碩士 === 東吳大學 === 法律學系 === 105 === There are various types of risk happened in international trade. In practice, the highest risk of international trade mostly occurred from conveyance of cargo, therefore distribution of risk between the parties arouse from loss of or damage to the goods in transportation caused the parties problems. As the governing law of goods transaction, the main purpose of Sale of Goods Act is to allocate every kind of loss and damages of risk that happened in sale and purchase contractual relationship. However, according to no uniform laws to be as a standard among nations all over the world, the ways to resolving issues of risk burden is mainly based on the United Nations Convention on Contracts for the International Sale of Goods and Incoterms. This article is aimed at the issues of transaction by using third party, and trying to discuss upon complete system of the concept in itself. In chapter two, this article collected almost all the definition of risk shift in theory, the essence of risk shift and relevant concepts of it to help reader understand content in later chapter. In chapter three, we firstly introduced a common rule and doctrine of risk shift, then elaborated on comparative law of distributing risk and real right legislation. Chapter four is the most important part of this article, in which it will not only introduce object of the prestation in kind, but transaction by using third party carrier on Taiwanese civil code compared to BGB. In addition, it also indicated the legal effect of risk shift, the statute of limitations for a damage claim and the responsibilities of a third party carrier. In chapter four, it discussed about the United Nations Convention on Contracts for the International Sale of Goods (CISG) and Incoterms, from the history of the convention and regulation, legal binding of CISG and Incoterms, the core issue of risk shift and the latest 2010 version of Incoterms.