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在法学界,关于国际货物买卖发生风险转移的理论主要有三种,即在合同成立时发生转移、随所有权转移以及随交付转移。货物买卖的风险一般是发生在合同成立后,其发生具有不确定性和阶段性的特征,而且风险发生的原因也是不可归责的和客观的。在正常情况下的货物买卖风险转移,可分为两种情形:当货物不交由承运人运输时,风险自买方到卖方的营业地接收货物时起风险转移至买方;当货物交由承运人运输时,主要有“货交承运人规则”、“特定地点承运人规则”、“目的地交货规则”三种模式。在路货买卖下的风险转移,则自订立合同时起,风险就转移到买方承担。当买受人违约时,货物买卖的风险一般由买受人承担。当出卖人违约时,国际货物买卖风险转移一般由出卖人承担。
In jurisprudence, there are mainly three theories about the risk transfer in the international sale of goods, that is, the transfer occurs when the contract is established, the transfer with the ownership and the transfer with delivery. The risk of the sale of goods generally occurs after the contract is established, its occurrence has the characteristics of uncertainty and periodicity, and the causes of the risks are also irreducible and objective. Under normal circumstances the risk of the transfer of the sale of goods can be divided into two situations: when the goods are not delivered by the carrier, the risk from the buyer to the seller’s place of business to receive the goods from risk transfer to the buyer; when the goods to the carrier During transportation, there are three main modes: “Carrier Carrier Rules”, “Carrier Rules of Specific Locations” and “Rules of Delivery of Destinations”. In the sale of goods under the risk of transfer, since the conclusion of the contract, the risk transferred to the buyer. When the buyer defaults, the risk of the sale of goods generally borne by the buyer. When the seller defaults, the transfer of the risk of the international sale of goods generally by the seller.