Добірка наукової літератури з теми "Right-hand rule right hand "right hand" proof MSC"

") Seller is bound to hand the goods over to the first carrier at a particular place, but hands them over prior to the place agreed. d) Goods are handed over to the first carrier but have not yet been identified. Q 67-9 In which of the above situations is the burden of the risk split during transport? Q 67-10 Under the CISG, when does the risk pass in the following situations: a) Seller hands goods over to freight forwarder who will undertake the transport itself. b) Same situation, but a third party will transport the goods. c) Same situation, but the freight forwarder has the right to transport in its own name. Q 67-11 Compare Art. 67 CISG with domestic sales laws. a) Compare Art. 67(1) CISG with § 2-509 UCC. Do you see any similarities? b) What is the corresponding rule in the BGB? c) Why is the BGB clearer than the CISG with regard to the passing of risk in the case of handing the goods over to a freight forwarder? Q 67-12 It has been stated that, under the CISG, although from a dogmatic view, the time of delivery and the time of passing of risk have been distinguished, in practice they will often coincide. Under French and Swiss law, the passing of risk has been settled differently. a) To what extent do Swiss and French law provide for a similar rule on the passing of risk? b) Which point in time is decisive as to whether the risk has passed to the buyer? c) Which rules are more suited for modern international trade, the French and Swiss ones or those found in Art. 67 CISG and the other sales laws? Discuss. d) Under Swiss law, title to the goods will not pass until handing over the goods to the buyer. How does the CC settle the passing of title to goods? Cf. Art. 1138(1) CC. e) In light of what has been said sub c), do you see a rationale in French law for how it handles the passing of risk? f) Which difficulty persists in Swiss law with regard to risk allocation between the buyer and the seller? Q 67-13 As a rule, the burden of proof as to where loss or damage to the goods occurred is borne by the party that wants to draw a benefit from that fact." In International Sales Law. Routledge-Cavendish, 2007. http://dx.doi.org/10.4324/9780203945445-176.