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On The Risk Responsibility Of The Business Contract

Posted on:2006-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:X M ZhangFull Text:PDF
GTID:2166360155975150Subject:Law
Abstract/Summary:PDF Full Text Request
The system of risk responsibility of the business contract has important position in the contract law.In our country, it has been stipulated systematicly at the chapter 9 in the Chinese Contract Law ,compared to the primary Economic Contract Law of Concerning Foreign Affairs, this is really an enormous progress. The damage or loss risk of subject matter greatly influences the parties'benefits, therefor, both the relevant law of many countries and the international treaty or convention, are attention to the risk responsibility problem of the business contract very much.However, different pro-vision has existed in the law of the countries or regions, and the method in dealing with the risk is not same.Thus,whether analysis and judging to various rules of the relevant risk responsibility burden, or eliminating to the inferior and choosing for the excellent, has intense academic meaning. The risk of the goods loss directly affects the economic benefits of the parties, so, a dispute about how to bear the risk responsibility of the contrcact of trading will happen.Therefore, it is necessary to establish the principle of the risk responsibility. So far, the research on the risk responsibility problem is not in-depth, and the scholars are mainly carring on the certain research to some aspects of this problem.Today, the academe still doesn't form a systematic theory result. by the comparative method and benefit of balance, this article studied the concept of the risk and risk responsibility of the business contract, and discussed a few principles of risk responsibility of the business contract, and concretely probed into the risk responsibility problem in some concrete business contracts.On this basis, the auther proposed own suggestion concerning how to perfect the risk responsibility system of the business contract.
Keywords/Search Tags:the business contract, risk, risk responsibility
PDF Full Text Request
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