Passing of Risk in the Contract of Carriage of Goods Sold
Background and Aim: In the contract of sale especially where the sale involves a contract of carriage of goods, this important question arises that in the case of loss or damage without fault before delivering the Sold goods, Who is responsible for damages or losses taken place in that case? Seller...
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| Format: | Article |
| Language: | fas |
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Pejvak Edalat
2020-07-01
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| Series: | پژوهشهای حقوقی میان رشتهای |
| Subjects: | |
| Online Access: | http://ilrjournal.ir/article-1-39-en.html |
| _version_ | 1819205837426524160 |
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| author | Hossein Heidari Monavar Sadegh Mehrdoust |
| author_facet | Hossein Heidari Monavar Sadegh Mehrdoust |
| author_sort | Hossein Heidari Monavar |
| collection | DOAJ |
| description | Background and Aim: In the contract of sale especially where the sale involves a contract of carriage of goods, this important question arises that in the case of loss or damage without fault before delivering the Sold goods, Who is responsible for damages or losses taken place in that case? Seller or buyer? Since the international trades and also internal trades for sale of goods requires special contractual forms (Incoterms rules), it is necessary to answer the above questions in relation to the rules of Incoterms.
Materials and Methods: For present study, the descriptive approach has been chosen and relevant information collected by the documentary and library method.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and confidentiality have been observed.
Findings: Among trade terms mentioned in Incoterms that are used for different methods of goods carriage, the EXW, FCA, CPT, CIP, DAP, DAT and DDP are of importance. These methods are divided to two kinds of “Delivery to Carrier” and “Deliver to Buyer”.
Conclusion: Contrary to domestic law which passing of risk requires delivery of goods, in Vienna convention the risk of sale is imposed on the buyer. Since in Incoterms, the carriage of goods sold is usually associated with a variety of issues and also the deviations in it can postpone the delivery of goods and delay in passing of risk delivery, Incoterms try to ban these unusual obstacles. In Iran there is no special rule about the effect of carriage contract on delivery of goods and passing of risk but it is possible to apply articles 380, 387, 567 and 349 of civil law for carriage contracts.
Please Cite This Article As: Heidari Monavar, H & Mehrdoust, S (2020). “Passing of Risk in the Contract of Carriage of Goods Sold”. Interdisciplinary Legal Research, 1 (2): 51-65. |
| first_indexed | 2024-12-23T04:58:03Z |
| format | Article |
| id | doaj.art-f24e962bbfe449749f965888f49260de |
| institution | Directory Open Access Journal |
| issn | 2717-1795 |
| language | fas |
| last_indexed | 2024-12-23T04:58:03Z |
| publishDate | 2020-07-01 |
| publisher | Pejvak Edalat |
| record_format | Article |
| series | پژوهشهای حقوقی میان رشتهای |
| spelling | doaj.art-f24e962bbfe449749f965888f49260de2022-12-21T17:59:18ZfasPejvak Edalatپژوهشهای حقوقی میان رشتهای2717-17952020-07-01125165Passing of Risk in the Contract of Carriage of Goods SoldHossein Heidari Monavar0Sadegh Mehrdoust1 Department of Law, Faculty of Humanity Science, Payame Noor University, Tehran, Iran. (Corresponding Author) PhD in Civil Law, Advisor in International Contracts and Eenergy, Iran Background and Aim: In the contract of sale especially where the sale involves a contract of carriage of goods, this important question arises that in the case of loss or damage without fault before delivering the Sold goods, Who is responsible for damages or losses taken place in that case? Seller or buyer? Since the international trades and also internal trades for sale of goods requires special contractual forms (Incoterms rules), it is necessary to answer the above questions in relation to the rules of Incoterms. Materials and Methods: For present study, the descriptive approach has been chosen and relevant information collected by the documentary and library method. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and confidentiality have been observed. Findings: Among trade terms mentioned in Incoterms that are used for different methods of goods carriage, the EXW, FCA, CPT, CIP, DAP, DAT and DDP are of importance. These methods are divided to two kinds of “Delivery to Carrier” and “Deliver to Buyer”. Conclusion: Contrary to domestic law which passing of risk requires delivery of goods, in Vienna convention the risk of sale is imposed on the buyer. Since in Incoterms, the carriage of goods sold is usually associated with a variety of issues and also the deviations in it can postpone the delivery of goods and delay in passing of risk delivery, Incoterms try to ban these unusual obstacles. In Iran there is no special rule about the effect of carriage contract on delivery of goods and passing of risk but it is possible to apply articles 380, 387, 567 and 349 of civil law for carriage contracts. Please Cite This Article As: Heidari Monavar, H & Mehrdoust, S (2020). “Passing of Risk in the Contract of Carriage of Goods Sold”. Interdisciplinary Legal Research, 1 (2): 51-65.http://ilrjournal.ir/article-1-39-en.htmlincotermssaledeliverypassing of riskcontract of carriageviena conventioniranian law |
| spellingShingle | Hossein Heidari Monavar Sadegh Mehrdoust Passing of Risk in the Contract of Carriage of Goods Sold پژوهشهای حقوقی میان رشتهای incoterms sale delivery passing of risk contract of carriage viena convention iranian law |
| title | Passing of Risk in the Contract of Carriage of Goods Sold |
| title_full | Passing of Risk in the Contract of Carriage of Goods Sold |
| title_fullStr | Passing of Risk in the Contract of Carriage of Goods Sold |
| title_full_unstemmed | Passing of Risk in the Contract of Carriage of Goods Sold |
| title_short | Passing of Risk in the Contract of Carriage of Goods Sold |
| title_sort | passing of risk in the contract of carriage of goods sold |
| topic | incoterms sale delivery passing of risk contract of carriage viena convention iranian law |
| url | http://ilrjournal.ir/article-1-39-en.html |
| work_keys_str_mv | AT hosseinheidarimonavar passingofriskinthecontractofcarriageofgoodssold AT sadeghmehrdoust passingofriskinthecontractofcarriageofgoodssold |