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Abstract

In this study, I deal with the commercial international sales contracts that have accelerated their pace in recent times, specifically the sale of CIF sale when selling, and selling of FOB in the matter of transferring the consequences of the loss of goods from the seller to the buyer, as these sales are considered the most famous at the present time, because of the advantages they contain for the seller and the buyer. The main aim of this research is to know the convergence and divergence between Kuwaiti law and Emirati law in the sale contract of CIF and FOB sale, and to compare with the United Nations Convention on contracts for the International Sale (Vienna Convention), as the State of Kuwait and the United Arab Emirates have not joined it yet till the moment of writing this research. So, the aim of this study is to know the extent of feasibility of joining the State of Kuwait or the Emirates to that agreement, and whether the Kuwaiti and Emirati legislators need major amendments whenever the State of Kuwait or the UAE want to join that agreement in order for their national provisions to conform to the provisions of the agreement. The reason why the issue of transfer has been chosen and the consequence of the loss of the goods from the seller to the buyer in the contract sale of CIF, and the FOB sale is to be subject for comparison with the agreement and not any other topic is because we believe that this issue is considered the biggest and most important problem that must be defined precisely and clearly upon the accession of the State of Kuwait or the UAE to the Vienna Convention, in order for their national provisions to be consistent with the provisions of the agreement, as this research will be studied on two topics : the first topic deals with the issue of transferring ownership of goods from the seller to the buyer , and the second topic deals with the issue of the transfer of the liability for the loss of the goods from the seller to the buyer.

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