THE INTERPLAY BETWEEN THE INCOTERMS & CISG ON THE INTERNATIONAL SALE OF GOODS

Abstract

This paper aims to briefly lay the conceptual framework for research on the relationship between the passing of risk in the international chamber of commerce terms (INCOTERMS) and the United Nation Convention on Contracts for the International sale of goods (CISG). To stimulate discussion on the issue of passing of risk; it will provide a detailed examination in which the intrinsic aspects of the Incoterms risk allocation will be compared with the Convention, in order to identify areas of similarities or difference when dealing with risk? It will also attempt to clear the air on whether an inclusion of Incoterms rule in a contract is an exclusion of the CISG law (for those insinuating that Incoterms rules are substitutes to the application of the CISG).

Keywords: Sale of Goods, International, INCOTERMS, CISG, and Commercial.

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