국제물품매매계약에 대한 UN협약상 위험이전에 대한 유형별 연구

If performance becomes impossible due to reasons not attributable to both parties between the conclusion of the contract of sale and its performance, the question of who bears the burden is an issue that naturally arises in the contract for the international sale of goods. The UN Convention on the International Sale of Goods (CISG) also solves this issue through a series of provisions on passing of risk. For the CISG’s passing of risk rule to be applied, there must be no other agreement or practice between the parties, and the goods must be clearly identified. The CISG stipulates the timing of passing of risk by type depending on whether the sales contract involves carriage of the goods, whether the seller is obligated to hand over the goods to the carrier at a particular place, whether the goods are in transit, and where the buyer takes over the goods. In particular, the regulation on the effect of risk transfer that occurs when one of the parties is responsible for the loss or damage of goods or when there is a breach of contract should be regarded as stipulating the natural principle derived from the interrelationship of the bilateral contract. The CISG regulations on passing of risk separate the transfer of risk from the transfer of ownership, and in principle, transfer the risk when the goods are delivered and consider equity between the parties by specifying the timing of passing of risk by type and contribute to dispute resolution and international trade efficiency by properly distributing risk between the two parties.