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Risky business: distribution of risk in contracts for international sales of goods

Bazil Oglinda () and Cristina Olariu ()
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Bazil Oglinda: Romanian American University of Bucharest, Lawyer in Bucharest Bar Association, Oglinda&Partners
Cristina Olariu: Lawyer in Bucharest Bar Association, Oglinda&Partners

Juridical Tribune (Tribuna Juridica), 2018, vol. 8, issue 1, 103-113

Abstract: Identifying the best legal and business solution, especially in the case of an international sale of goods contract can become a real challenge for the parties involved. In addition to CISG, which generally governs these type of contracts, choosing the Incoterms option which best suits the needs of the parties involved can represent the significant difference between a successful business or the appearance of disputes between the parties. Which are the options for the distribution of risks? What should the seller and the buyer pay special attention to? How does the CISG and Incoterms harmonize with the national legislation regulating the risk in the sale contract? Our objective in this paper is to present the scenarios and find possible solutions to all these issues.

Keywords: the risk in sale-purchase contracts; CISG; Incoterms; international sales of goods. (search for similar items in EconPapers)
JEL-codes: K12 K15 K33 (search for similar items in EconPapers)
Date: 2018
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