The Theory Of Contract Deliverables

In changeable market, the trading behavior full of unpredictable risk. Delivery for realizing a no-trade steps, in practice, often is the focus of dispute. Therefore, the study on contract law deliveries, has important significance.Delivered with buyers and sellers of risks closely and it directly relates to the fundamental interests of the sales contract, is the most important question. Delivery to the safety trading relationship of the rapid development of market economy, makes frequent trades, the property is not only is used to maintain survival and life, it's the exchange value in economic life has made important position, thus property for the role of circulation economic growth cannot be ignored, transaction security concern. It is based on the importance of delivery system, and based on the reference extensive literature and case, to deliver and related theory are discussed. This paper points for a total of five parts.The first part to Roman law as an example, introduces delivery system is how to appear. It mainly experienced three phase, the ceremony-real delivery-implied delivery. Then the contract law defines the concept about the definition of the delivery, the author thinks attention shall be paid to the two points:one hand to deliver the premise in possession, on the other hand will have the agreement of the contract or law. The nature of delivery was the research subject of debate, the author thinks that delivery should be fact behavior, will rejoice in behavior.The second part of the system to deliver transverse comparative study. With France and Germany as an example, France was primarily for delivery, and the French mean socialist primarily about the provisions of the delivery system are exhaustive, especially delivery of relief system. Germany about delivery system have accord and external form. The author thinks that the provisions of the German about delivery system is more reasonable than France, allowing them to better protect the interests of a third person.The third part introduces the types and delivery requirement. About delivery types of regulation, be in our country the contract law expressly about the kinds of delivery only realistic delivery and simple delivered two kinds. As for possession may be changed and instructions delivered by the parties to contract. But this can act against a third party agreed upon, but also often problem. How to constitute effective delivery? The author mainly from the chattels and real estate two aspects elaborated. Chattels delivery is very simple, usually the two sides reach a purpose and direct payment namely can form; And for real estate speaking, effective delivery is relatively complicate it.The fourth part discusses the delivery of the result, this also is the most attention academia field. The burden mechanism in risk is whether to take delivery socialist or ownership socialist, twittering. Though liberal said adopted delivery, but the author personally think nationalism due to uncertainty, the subject matter to the species should be specific to circumstances. Delivery and propagate breath is attributive issues, main USES is, because the delivery of socialism fruits accruing to the ownership of the yields on who the largest contribution to the production, made for who yields starting point.The fifth part of Chinese contract law is mainly discussed in the shortages and perfect delivery system. About delivery system, basically stipulated in the sales contract, is generally messy, logic is not strong. The author analyzes the defects of the system of place of delivery is not clear, defined delivery of risk define vague and risk bearing system actually only use what mechanism, and then put forward his own improvement Suggestions. First of all, is to deliver concept is defined, the main seized two namely accord and law or contract; Secondly, the meaning of about risk, the author thinks that should adopt risk and liability said; Moreover aimed at risk burden mechanism, the author puts forwards his own point of view, think of the subject matter shall be determined according to the type of risk types, effectively avoid disputes burden mechanism of occurred; Finally, is parties agreed to and instructions can occupy the act against a third party delivery problems, the author thinks that can turn delivery system from America to perfect.