Conformity of goods and transfer of risk in the international sales of goods: analysis under the rules of the CISG, Chinese law, and United Arab Emirates law

Abstract This article examines the relationship between the conformity of goods and risk transfer under the Civil Code of China, the UAE Civil Transactions Law, and the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG). The findings presented in this article consolidate the requirements of conformity of goods in the context of risk transfer between contracting parties and point out the variation between these legal documents in terms of the interpretation of the conformity of goods concept, which would play an influential role in the operation of the passing of risk. Furthermore, recommendations are offered for legislators in China and the United Arab Emirates to bridge the gap between their approaches and the international approach outlined in the CISG regarding the interpretation of the requirement of goods’ conformity in the context of risk transfer. These recommendations align with the international principle of harmonizing and unifying international commercial rules concerning risk transfer in international sale of goods contracts.