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在国际货物贸易里,风险转移是用于判断当标的物发生损毁或灭失时,应由买方还是卖方承当责任的标准。这些风险导致的损失应当由谁承担,关系到以下问题:哪一方有资格向保险公司求偿和在非保险范围内的风险分担问题;对受到损毁的货物进行保全以及救助防止损害扩大化的责任问题等等,因此,风险是否发生了转移直接影响了贸易双方当事人的利益。
In the international trade of goods, risk transfer is a standard used to judge whether the buyer or the seller should bear the responsibility when judging whether the subject matter is damaged or lost. Who should bear the losses caused by these risks is related to the following questions: Which party is eligible to claim compensation from the insurance company and risk sharing within the scope of non-insurance; the responsibility for the preservation of the damaged goods and the rescue to prevent the damage from increasing Problems and so on. Therefore, whether the risk has been transferred directly affects the interests of both parties to the trade.