Passage of Risk, Property and Title in CIF and FOB Sales Contracts. Passage of Risk, Property and Title To Sue The Carrier For The Damage In Transit In CIF and FOB Sales In English Law

      Аннотация: Sale of goods contracts involving the sea carriage largely differ from traditional domestic sales contracts. CIF and FOB contracts represent the most commonly used shipment contracts. The author demonstrates the practical problems resulted from the distinctive characteristic of CIF and FOB contracts in terms of risk distribution in English law. The book contemplates to address the following problems: How the passage of risk in shipment terms affects the title of cargo interest to sue the carrier for the damage in transit; In this regards, the author discusses the contractual claims covering the endorsement issue of the bill of lading and non-contractual claims including tort, bailment and implied contract device. The author presents the problems with risk distribution and provides the practical solutions; analyses the issues concerning the passage of the property, to demonstrate that in practice the passage of property does not play a vital role to determine the title to sue. The second half of the book focuses on the detailed analysis of all the contractual remedies available for CIF and FOB seller and buyer covering all variations of shipment contracts.

Ключевые слова: CIF, FOB, incoterms, International Business Transactions, Carriadge of Goods, Risk distribution, bailment, COGSA, SOGA