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

Author

Listed:
  • Bazil Oglinda

    (Romanian American University of Bucharest, Lawyer in Bucharest Bar Association, Oglinda&Partners)

  • Cristina Olariu

    (Lawyer in Bucharest Bar Association, Oglinda&Partners)

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.

Suggested Citation

  • Bazil Oglinda & Cristina Olariu, 2018. "Risky business: distribution of risk in contracts for international sales of goods," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 8(1), pages 103-113, March.
  • Handle: RePEc:asr:journl:v:8:y:2018:i:1:p:103-113
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    More about this item

    Keywords

    the risk in sale-purchase contracts; CISG; Incoterms; international sales of goods.;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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