On Risk-bearing In Contract For Sale Of Goods

For a sales contract risk burden, is not only a theoretical value, but also has important practical value question, not only and legal how to design risk distribution rules, also involves both parties agreed risk transfer how time. Business risk bearing system not only for countries' legislation attention and international treaty and the international convention on its also take very seriously. This paper focuses on the Chinese contract law in business contract risk bearing system rules, comparison of foreign business contract risk bearing system of legislation, make a comparative analysis, research contract risk bearing system of the concept, characteristics, scope, to apply the contract risks burden rules problems appeared in the course of analysis, make people more in-depth understanding of the contract risks bearing system, combining with our country "contract law" the risk bearing system of the related regulations, from the development of the theory and the practical need, starting on our sales contract risk burden the defects existing in the legal system, puts forward the perfect recommendations.This paper is divided into the following several main content of part:part one, contract risk bearing system overview. This section describes the contract risks bearing system concept and the value of the contract burden system was analyzed, and makes us more clear understanding the contract risk bearing system.The second part, business contract risk bearing system of rules. Mainly expounds the sales contract risk bearing system rules of the general provisions, including contract socialist principles, all socialist principles and delivery of the socialist principles. And special circumstances, the risk of default rules under the burden of risk burden rules.The third part, countries contract risk bearing system of the comparative study. This part of the first to risk bearing system's historical evolution is expounded, secondly, from the continental law system country and countries of Anglo-American law system of contract risk bearing system is expounded, finally to two big law legislation are comparatively analyzed.The fourth part, our sales contract risk bearing system consummation. This part from our sales contract risk bearing system legislation present situation, analyses the contract risks bearing system existing problems, and advances the contract risks, perfect our burden legislative Suggestions.