Petroleum University of Technology Petroleum Business Review 2645-4726 3 3 2019 09 01 Role Analysis of Contract Aim in INCOTERMS 2020 as Main Cause of Transfer of Risks of Petroleum and Refinery Equipment 53 60 113670 10.22050/pbr.2019.113670 EN Mohammad Reza Mansour Esfahani PhD Student in Private Law, Law Department, Azad University of Tehran, North Branch, Tehran, Iran 0000-0002-3811-9029 Amir Abbas Bozorgmehr Assistant Professor, Law Department, Azad University of Tehran, North Branch, Tehran, Iran, Email: a.bozorgmehr@iau-tnb.ac.ir Journal Article 2019 05 28 The international chamber of commerce (ICC) created a generally accepted set of terms named INCOTERMS 2020 which provides that the risk of the loss of or damage to the goods passes from the seller to the buyer when the seller has fulfilled his obligation to deliver the goods. However, this rule is based on a false base, which causes numerous exceptions where the goods are delivered, but the risk remains on behalf of the seller. In this paper, we will prove that there is only one unexceptional factor which indicates whether the risk has passed through the other side or still remains with it; that factor is reaching the aim. The aim has a composite nature, and preparing the last part of that nature allows reaching the goal; this is the main reason for transferring the risk of the thing. Thus, when the buyer’s aim from the contract is fulfilled, the risk of the goods will be transferred to him or her, and when the seller’s aim from the contract is met, the risk of the price will be transferred to him or her. Generally, the aim or the cause of the obligations should be defined as the acquirement of the property and the possession of the thing which is peaceful and useful for enjoying with security. Hence, each term will be separately analyzed by the theory of the cause of the obligations in the civil law of France, and we will name this totally new theory which defines the goal as a composite nature the theory of the spirit level of the risk. <span style="font-size: 10.0pt; line-height: 115%; font-family: 'Times New Roman',serif; mso-ascii-theme-font: major-bidi; mso-fareast-font-family: Calibri; mso-hansi-theme-font: major-bidi; mso-bidi-theme-font: major-bidi; color: black; mso-themecolor: text1; font-weight: normal; mso-bidi-font-weight: bold;">The international chamber of commerce (ICC) created a generally accepted set of terms named INCOTERMS 2020 which provides that the risk of the loss of or damage to the goods passes from the seller to the buyer when the seller has fulfilled his obligation to deliver the goods. However, this rule is based on a false base, which causes numerous exceptions where the goods are delivered, but the risk remains on behalf of the seller. In this paper, we will prove that there is only one unexceptional factor which indicates whether the risk has passed through the other side or still remains with it; that factor is reaching the aim. The aim has a composite nature, and preparing the last part of that nature allows reaching the goal; this is the main reason for transferring the risk of the thing. Thus, when the buyer’s aim from the contract is fulfilled, the risk of the goods will be transferred to him or her, and when the seller’s aim from the contract is met, the risk of the price will be transferred to him or her. Generally, the aim or the cause of the obligations should be defined as the acquirement of the property and the possession of the thing which is peaceful and useful for enjoying with security. Hence, each term will be separately analyzed by the theory of the cause of the obligations in the civil law of France, and we will name this totally new theory which defines the goal as a composite nature the theory of the spirit level of the risk.

https://pbr.put.ac.ir/article_113670_c232b706f1f4c989b207ae2f750ce352.pdf