The Risk Transfer Of Internet Sales Contract

Human society has created one of the most greatest invention——the computer network in 1950s. With the rapid progress of human society, the world has entered the information age. The high-tech such as computer technology and information network technology has developed rapidly. New internet culture is having a profound impact on the civilization and development of human society, changing our lifestyle, way of working and business methods. Online stores have becoming a new trading platform rather than shopping mall or supermarket in this new age. However, there are still many problems in online shopping. The economic losses caused by internet trading risks reach up to 15 billion yuan will be growing inevitably in the near future, which belong to the economic traps in online shopping leading to the loss of 430 billion yuan. The author commenced from the special character of internet sales risk to explore the solutions of risk in network transactions, demonstration the applicability of using the existing method of risk transfer rules in the area of internet sales contract and propose the suggestions if not. This research will provide a useful reference for future in-depth study and legislative options.Three issues——the specificity of the risk involved object, the risk arises in internet sales and the meaning of the risk in internet sales contract——has been analyzed by the author commencing from the special character of internet sales risk in the first part. As known to all, the subject matters in the network transaction are multifarious, not only involved necessities of life like food and clothes, but also various kinds of network virtual goods such as online-games rechargeable card and online payment. These virtual properties could be considered as the object of internet sales contract risk. Meanwhile, the subjects in internet trading could not be touched, because of only the pictures of subject matter has been provided by the sellers. As a result, the possibility of risk arises and the dispute of the transactions will be even more and more, also, the way of risk arises are multiplicity more then general trading. Therefore, the author believes that the meaning of the internet trading risk should be wider, include both of the price risk and payment risk.In the second part, author analyzes the principle of the risk transfer on internet sales contract. Firstly, the risk transfer legal rule belongs to contract law and meaning autonomous principle should be used in contract law priority, so we can regard the meaning autonomous principle as the basic principle in risk transfer rules. If none of the litigants makes the risk transfer agreement at the contract concluding, the principle of the risk transfer is necessary ruled. In traditional civil law theory, Ownership principle and Payment principle are two of the equally principles in risk transfer rules. However, use the Ownership principle in internet sales contract is inappropriate. Though the buyer got the ownership, he has not got the control of the goods. So it is unfair for letting the buyer undertake the risk. On the contrary, using the Payment principle in internet sales contract risk transfer is almost appropriate. However, there are no specific rules with Payment principle in recently law, so Payment principle for risk transfer in the internet sales contract is almost vacant.Contract violation can also influence the risk transfer, so author analyze it in part three. If one of the litigants breaches the contract, he will undertake the risk for penalty. For partly payment contract violation, author realizes that the person who made mistakes the one which undertake risk, whatever the situation of partly payment.In the last part of the thesis, author analyzes the influence of risk transfer by network error. The internet trading has three participants:consumer, internet business man and internet trading platform provider. So anyone of them can make the risk produce. Then if the risk occurred, who undertakes it? Author considers that the litigant who can control the risk or predict the risk or undertake the risk easily undertakes the risk. This is economic law theory.Above all, through the summary of the thesis, author believes that the risk transfer in the internet sales contract is really unique. The object of internet trading risk is special, the risk arises in internet sales is special too, so the argument for risk transfer in internet sales contract is necessary. Recently, Payment principle is widely used in our civil law, but it does not suitable for internet sales contract. Contract violation can influence the risk transfer and so can network errors. Author hopes that we can make a comprehensive risk transfer rule what meets the requirement of developing society and legal development.