The passing of property and risk in international sale contract.

Abstract

The present study will examine the issue of the passing of risk and property in international sale contracts of movable goods by making an analysis of the rules relating to the transfer of property and the rules pertaining to the risk allocation under the different applicable laws such as the Vienna Convention and INCOTERMS 2000 and the different theories and practices relating to the subject under analysis. In the first chapter there will be an introduction to the concept of "property"; what is the meaning and notion of such term within the International Sale sphere of law. The second chapter will furthermore focus on the rules relating to the passing of property. There will also be a reference to Maltese Law and to Maltese case law and to the rules contained in the Sale of Goods Act, 1979 (English Law) as regards the transfer of property. What follows is the issue of the passing of risk in international sale contracts for the sale of movable goods, by making a comparative analysis of the rules pertaining to risk allocation under the Vienna Convention and INCOTERMS 2000. The present study will also delve into on the international sale agreement itself as for example INCOTERMS do not always determine when title to goods passes or when risk passes. This is either determined by the applicable governing law, the Convention on International Sale of Goods or specific provisions contained in the agreement itself. Case law relating to the area under discussion will also be included and will substantiate all the theories mentioned regarding the subject under review and will furthermore illustrate how the different articles of the different laws examined in this dissertation are applied in practice.