Aussenhandelsrecht

A&V in AW-Prax: Legal questions on the transfer of risk in international trade
Part 1 – Who bears the risk of transport damage and loss of goods in export transactions?

An everyday problem of cross-border trade in goods:

After the conclusion of the sales contract the goods are handed over to the carrier but reach the buyer in damaged or destroyed condition or are completely lost. Who is liable for this?

The questions surrounding the “transfer of risk” and “passing of risk” are usually difficult for the contracting parties to grasp.

Prof. Dr. Christoph Graf von Bernstorff provides an overview of the various contractual arrangements and agreements in German international trade practice in his first part of the article “Legal Questions on the Transfer of Risk in Foreign Trade”.

Rechtsfragen zum Gefahrübergang im Auslandsgeschäft Teil 1, AW-Prax 2021, S. 28-31

Our experts in International Trade Law will be happy to answer any further questions on the subject.