Research On Rules Of Transfer Of Risk In Contract Of Sale

The rules of transfer of risk in contract of sale are very important.The damage and loss of subject matter of contract of sale affects two parties'economic interest.Our General Provisions of the Civil Law has no word about the rule of transfer of risk,while Contract Law has some provisions in Chapter Nine from Clause One Hundred and Forty Second to Clause One Hundred and Forty Ninth.So scholars account our rules of transfer of risk as"principle of consignation".However,the provisions about rules of transfer of risk in Contract Law are rough and not easy to practice.So, treatise centering on consignation is very helpful to understand the rules of transfer of risk.The paper combines theory and practice together,basing on provions of transfer of risk of Contract Law and connecting regulations of some main cournties or region areas ,international treaties and international usages.The paper has a systemic sorting of principle of consignation and proposes some suggesitions of bettering the rules of transfer of risk.This paper has four parts excluding the introduction and epilogue:The first chapter illustrates the rules of transfer of risk in contract of sale and analyzes some connecting concepts concerning the topic,introducing from intension and extension.of the rules. The second chapter focuses on comparing principle of ownership and principle of consignation.The principle of consignation becomes world trend and conforms to the rule of"where's benefit where's risk".The third segment refutes the viewpoint that real estate should apply the principle of ownership.The paper holds that it is also reasonable to apply the principle of consignation to real estate.The third chapter discourses the system of consignation,first traces the origin of consignation to grasp its development course,then elaborates the meaning of consignation in modern times.This chapter also analyzes the system of consignation of our law and the ways of consignation.The last chapter is the keystone of the paper.It elaborates how to apply the principle of consignation in general cases,in special cases and in particular contract of sale.When talks about the general rule of transfer of risk in the first segment,the paper quotes two court decisions to discourse the rule in practice. At last of this chaper concludes the escope of application of the principle of consignation.