Abstract:

This study is based on the risk in the sense of a phenomenon that occurs outside the responsibility of the seller and the buyer in the law of sale and the passing of this risk. The international law of sale and FCA-type INCOTERMS were considered as model while examining the conditions for the seller to claim the price of the sale from the buyer, despite the damage caused by the traffic accident that occurred during the transportation of the goods subject to sale by road before it is passed to the possession of the buyer. Furthermore, the effect of the fact that subject of sale is a generic obligation along with the FCA’s meaning on the risk’s passing to the buyer was investigated if the acceleration of the sale value is bound to the inspection condition in the sale contract. The main target of the study was considered as how the buyer, as a party of insurance contract, will be affected when the risk is not passed to himself/herself, and it was detected whether the insured buyer has insurable interest in case of CISG provisions and FCA and inspection condition existing at the same time.

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