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Research On Risk-bearing System Of Sales Contract

Posted on:2012-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:D LiFull Text:PDF
GTID:2166330338450413Subject:Law
Abstract/Summary:PDF Full Text Request
Sale contract risk burden is one of the important issues in the contract, and it has important theoretical and practical value, so the national law, international treaties and international conventions attached great importance on it. Starting from the theoretical significance, the sale contract risk burden has been one of the core issues of law. Research on it is on behalf of a country's degree of legal research. So I believe that the sale contract risk burden has a strong theoretical research value. With the development of economic globalization and the booming market economy, the transferation of the sale con contract Risk has also become increasingly prominent during the practice. We learned by the practice, the results of today's law can not solve all the problems arising from economic activity, Many problems in the contract risk can not be solved today. Thus, from a practical point of view, the problems of Sale contract risk burden are worth for further study.My paper is divided into four parts:the first part is the definition of Sale contract risk and the burden of it, understanding and analyzing the meaning and sources of risk in general, Firstly, analyze the broad and narrow concepts of contract risk, and analyze the further sources of it. The analysis shows that the reasons for it should be attributed to force majeure, accident, third party causes and characteristics of the goods themselves. Secondly, describe the meaning of the burden of the sale contract risk, and analyzed the difference between related systems and it.The second part of the paper using the value analysis method analyzes the most important three theories. And properly define the principles of the burden of sale contact risk.The third part of the paper analyzes the general rules of the contract risk burden in China. We start form general conditions and violations. In the general conditions, from the perspective of both movable and immovable property, we find it come to apply to the theory of ownership. In the event of a default, we start from the buyers' and the sellers' perspective and proposed for the imperfections of the legislation.The fourth part of the paper takes four special contracts for analyzing. They are the contract of E-commerce, installment, approval sale and the auction. From the characteristics of each particular contract, analyze the deficiencies on them and takes some recommendations.
Keywords/Search Tags:contract risk, sales contract, value analysis, special contract
PDF Full Text Request
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