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영어

The purpose of this paper is to compare the articles of passing of risk between CISG and Incoterms, suggest the application of those articles in the field of international commercial transactions. In ordinary case, most of trades apply for CISG in the contract of sale of goods, but when contracting parties only based on the provision of CISG, there are a lot of confusions and misunderstanding in interpretations and applications. Therefore, We suggest that CISG must play a main role while Incoterms 2010 and several national laws must be used supplementary role in international commercial transaction. Both parties have to insert their intention to use these two provisions in respect of passing of risk.