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在国际贸易中,经常会遇到这样的情形:货物运抵目的地后,发现货物在品质上有缺陷,与合同的规定不符。对此卖方是否应当承担交货与合同不符的责任,这就涉及到卖方的品质担保义务与风险转移的关系。这是一个比较复杂的理论和实践问题。 按照《联合国国际货物销售合同公约》(以下简称公约)第36条(1)款和(2)款的规定,卖方
In international trade, it is often the case that after the goods arrived at the destination, the goods were found to be defective in quality and did not conform to the provisions of the contract. Whether this seller should bear the responsibility for delivery and contract inconsistency, which involves the relationship between the seller’s quality guarantee obligation and risk transfer. This is a more complicated theoretical and practical issue. In accordance with Article 36(1) and (2) of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as the Convention), the seller