Role Analysis of Contract Aim in INCOTERMS 2020 as Main Cause of Transfer of Risks of Petroleum and Refinery Equipment(مقاله علمی وزارت علوم)
حوزه های تخصصی:
The international chamber of commerce (ICC) created a generally accepted set of terms called Incoterms 2020 which provides that the risk of loss of or damage to the goods, passes from the seller to the buyer when the seller has fulfilled his obligation to deliver the goods. But this rule is based on a false base, which causes number of exception where the goods are delivered but the risk remains on behalf of the seller. In this paper we will prove that the aim of contract is an unexceptional factor which indicates whether the risk has passed through or still is remained. The aim which has a composite nature and preparing the last part of that nature provides reaching of the goal and is the main reason for transferring the risk of the thing then when the buyer's aim from the contracts is achieved the risk of the goods will be transferred to him and when the seller's aim is achieved the risk of the price will be transferred to him. The aim or cause of the obligation in general is; to acquire the property and the possession which are peaceful and useful of the thing to use and enjoy it with security. So each term will be separately being analyzed by theory of the cause of the obligations in civil law of France and we call this theory which defined the goal as a composite nature the virtual spirit level the theory of the spirit level of the risk.