The Risk-bearing Of The Real Estate Sales Contract

Risk bearing in the subject matter of the business contract is a very important problem, by which parties to the business contract can directly realize their essential contract rights and obligations. In many countries'legislation, the provision of the risk bearing in movable property's deal is relatively clear, but that of real estate's deal is relatively rough. In our country, the legislation selection and comprehension of the contract law has generated considerable discussion in the academic and practice field. By analyzing the basic theory of the risk bearing rule, this article tries to discuss the general principals, specific explanations and applicable rules of the risk bearing of building business, and proposes some opinions about parts of the knotty problems in practice. The thesis contains five parts:In the first part, we will discuss the basic theory of the risk bearing in business contract. From the notion of risk bearing, we will find out the connotation, characteristic and cause of risk to understand the risk essence better, by which we can identify the main content and g legal consequences of the risk bearing.In the second,timepoint of risk transferring of building business contract. By investigating in comparative law.This paper has analyzed the characteristics of contract forming mechanism, title mechanism and hand-over mechanism. By means of intensively comparing the legislative model of principle of ownership with that of the principle of transition, we will find that transition principal should become the general rule of risk bearing in building business deal in china.In the third part , approaching special rules about the risk bearing of the real estate sales contract, first, defining the meaning and type of realty transfer, then, we can explicitly know the definition of implication of"transfer"in building businesses contract disputes in our country. Last ,the applications of the rules of risk-bearing rule in several building businesses bound to special cases will be analyzed, which mainly includes the risk bearing of houses of dual buying and selling, multiple buying and selling, renting, occupy to book, lending, hosting, installment, retain ownership and commodity house mortgage .In the forth part , this part describes the relationship between liability for breach and risk-assuming. Since the contact law generally adopts strict liability principles for the cases of breach, the applications of risk-assuming may conflict with the ones of breach. For this reason, some scholars have proposed that the content of risks in the risk-assuming should be redefined. In this paper, we discuss the relationship between the responsibility principles for breach and risk-assuming. In addition, this paper key discusses the impact of breach on the risk-assuming.