TRANSFER OF RISK IN INTERNATIONAL CONTRACTS OF SALE: PERICULUM EST EMPTORIS AND THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) RULES

This article addresses the transfer of risk in international sales contracts, according to the rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG). It discusses how the CISG establishes rules for the transfer of risk between seller and buyer, aiming to reduce uncertainties and conflicts. It also draws parallels between the Convention's rules and Roman Law regarding the transfer of risk in sales contracts. The article places special focus on the function of the rules in both systems and explores the similarities between the requirements for transferring risk to the buyer and cases in which the buyer is released from the obligation to pay for goods that have perished.