The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

International Natural Gas sale and Transportation Contracts and the point of contractual risk transfer upon CISG (Vienna1980)

Authors
gholam nabi fayzi chekab
Mitra Mousavi
علامه طباطبایی
Abstract
Determining where the risk of contractual responsibility transfers in  international sale and transportation of gas contracts is very important in these wells and parties’ of these contracts, additionally the way of distributing the risk and the point it transfers influences contractual and financial position of the contract parties’.In transportation projects that natural gas is carried by pipe lines, The parties usually determine the point of ownership, risk and goods transfer by agreement in the contracts, in case of non determining applicable law and silence of territorial rules, the Vienna Convention or INCOTERMs will probably govern on these contracts in respect of transferring of risk. In transfer projects of energy that natural gas is carried by ships,the point of risk transfer is according to agreement in the contracts or other international conventions. Vienna convention implies that risk transfers when the goods are delivered,but there are some exceptions in determining the point of risk's transfer which is an accepted solution and it is the time whene the contract is concluded.
Keywords
point of risk transfer
Gas Sale and Transportation Contract
Conformity of the Goods
obligations of Contract parties
UN Convention on contracts for the International Sale of Goods (vienna1980)
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