Pages: 52-63

Abstract

There are different regulations stipulated in the domestic laws of some countries that hold the consenter responsible for certain risk transfer liabilities by the requiring party. Imamiyyeh Jurisprudence has specified the axiom “the seller is liable for wasted sale objects before billing” to serve the same purpose, Iran’s civil procedure has codified Article (387) and the international documents on the contracts, like the contracts for the international sale of goods (CISG) and the international commercial terms (Incoterms) have also dealt with the issue. The important issue worthy of contemplation here is the point where these rules and regulations intersect with one another and it is occasionally manifested as contradictory ideas that provide for more debates and are therefore indicative of the law dynamicity. Generally, risk transfer in the contracts that do not necessitate the delivery of the goods and those requiring the goods carriage and the ones the subject of which is sold in delivery feature different conditions and effects; they can be explained and investigated in the domestic law and the foreign regulations based on the time of risk transfer and, generally, based on three theories of risk transfer with signing the contract, risk transfer with the conveyance of ownership and risk transfer with the delivery and submission of goods. The analysis of the abovementioned cases in a descriptive and comparative approach is the objective of and of concern to the current research paper. The present study deals with the comparative study of risk transfer in the laws of Iran with the statutory provisions stipulated in the international sales convention, the obligations law of France and the domestic law of England.