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General obligations

The Convention, it has been seen, does not provide rules identifying when property is transferred-the property transfer rules are provided by the applicable domestic law. The parties, of course, may well make provision in their contract regarding this matter. Later provisions in the Convention deal with delivery, the handing over of documents, carriage and insurance, and the passing of risk, but they do not provide an exhaustive regime. The underlying premise is that the parties will have made specific provision regarding some of these matters, perhaps by using recognised trade terms such as the Incoterms 1990. Where these are used, they will prevail over contrary provisions in the Convention. The Convention in this area, particularly, will represent a fall-back regime. It would be surprising in a negotiated international sales contract were the parties not to make very specific provision regarding such matters as delivery, carriage, insurance, the passing of risk, incidental costs, etc.