have to prove that the damage or loss occurred after the risk had passed to the buyer. When will it be the buyer who must prove that the risk was still with the seller? Can you think of an example? Q 67-14 Should it be possible to give notice as required in Art. 67(2) CISG by electronic means? Note that this question was not addressed at the Drafting Conference, but has been raised in recent decades. Cf. also CISG-AC Opinion No. 1 (sub Art. 13 CISG).

doi:10.4324/9780203945445-177

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have to prove that the damage or loss occurred after the risk had passed to the buyer. When will it be the buyer who must prove that the risk was still with the seller? Can you think of an example? Q 67-14 Should it be possible to give notice as required in Art. 67(2) CISG by electronic means? Note that this question was not addressed at the Drafting Conference, but has been raised in recent decades. Cf. also CISG-AC Opinion No. 1 (sub Art. 13 CISG).

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ABSTRACT

Art. 68 CISG deals with the passing of risk when goods are sold in transit. Art. 68, sentence 1 CISG states the general rule that, if the goods are sold in transit, the risk passes from the time the contract of sale is concluded. However, according to Art. 68, sentence 2 CISG, if the circumstances so indicate, the risk passes at the moment the goods are handed over to the carrier who issued the documents representing the carriage contract. Although, from a systematic point of view, sentence 2 is an exception to sentence 1, in practice, it is of higher signiﬁcance. Sentence 3 states the counter-exception, in that where the seller is held to have known of any deﬁciencies or losses of the goods without disclosing them at the time of the conclusion of the contract, it bears the risk of these deﬁcient or lost goods.