نوع مقاله : علمی-تخصصی
نویسنده
آمر دیپارتمنت دانشکده حقوق دانشگاه بین المللی المصطفی افغانستان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Risk is loss and damage caused to the other party at a given time due to the act or omission of the contract, which is an important and fundamental issue among businessmen in international trade. In other words, risk represents damage or loss caused by unforeseeable incidents and events in the seller, and the damage is imposed on one of the parties, and the way of transfer is different according to the laws of the countries. Therefore, in this field, the United Nations has tried to unify the laws governing international sales contracts. But some member countries of this organization, such as Afghanistan, have not accepted this treaty. This research, with descriptive-analytical research method, tries to answer the question, how is the transfer of risk in the international sales of goods contracts in the laws of Afghanistan? The results of this research show that if the transfer of risk on a contract takes place from the time of signing the contract, transfer of ownership and delivery of property, the Afghan legislator has given the parties to the contract free choice of the law governing the contract. Secondly, according to the provisions of Article (40) of the Commercial and Property Sales Contracts Law and Article (640) of the Commercial Law, it is related to the manner and time of concluding the contract. Based on Clause (5) of Article (3) of the Commercial and Property Sale Contracts Law and Clause (1) of Article (642) of the Commercial Law, the ownership transfer method is accepted.
Keywords: risk, transfer, buyer, seller, international sales contracts, Afghanistan laws.
کلیدواژهها [English]
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