风险转移的时间.pptVIP

国际商法;货物风险转移的时间;*;*;2、风险转移;划拨是风险发生转移的前提条件，不管是法定还是约定的风险转移时间，在非特定物的买卖中，是以货物特定化或将货物划拨于合同项下作为风险转移给买方的前提。;*;*;*;*;*;*;*;*;*;*;*; If the contract of sale involves carriage of the goods and the seller is not bound to hand them over at a particular place, the risk passes to the buyer when the goods are handed over to the first carrier for transmission to the buyer in accordance with the contract of sale. If the seller is bound to hand the goods over to a carrier at a particular place, the risk does not pass to the buyer until the goods are handed over to the carrier at that place. The fact that the seller is authorized to retain documents controlling the disposition of the goods does not affect the passage of the risk. ;(2) Nevertheless, the risk does not pass to the buyer until the goods are clearly identified to the contract, whether by markings on the goods, by shipping documents, by notice given to the buyer or otherwise. ;涉及运输的货物风险转移的时间（中文）;Case1.; Case2. 贝尔格来德的卖方接受了买方的订单，向买方出售了10台机器。合同没有规定运输方式，按照惯例，卖方决定由铁路从贝尔格来德运往位于南斯拉夫南部的里耶卡港的铁路终点，然后由船舶自里耶卡港经海牙把货物运往买方所在地埃及的亚历山大港。卖方用自备的卡车把机器从工厂运往铁路车站，途中卡车出了事故，机器受到严重损害。 问：卖方是否有权向埃及的买方收取货款？;*;*;路货的风险转移时间（Article 68） The risk in respect of goods sold in transit passes to the buyer from the time of the conclusion of the contract. However, if the circumstances so indicate, the risk is assumed by the buyer from the time the goods were handed over to the carrier who issued the documents embodying the contract of carriage. Nevertheless, if at the time of the conclusion of the contract of sale the seller knew or ought to have known that the goods had been lost or damaged and did not disclose this to the buyer, the loss or damage is at the risk of the seller. ;Case3.;*;其他情况下的风险转移时间（Art. 69）;(2) However, if the buyer is bound to take over the goods at a place other than a place of business of the seller, the risk passes when delivery is due and the buyer is aware of the fact that the goods are placed at his disposal at th