The Theory Of Risk Bearing In Buy-Sell Contract And Its Application

Risk bearing is one of the important problems in buy-sell contract. Because of its important theoretical and practical values, domestic laws of different countries, international treaties and practices attach importance to the risk bearing. On the one hand, the risk bearing rules belong to arbitrary law, mainly depend on the parties; on the other hand, the parties often don't agree on the risk bearing in the contract. While the risk arises, the parties aren't willing to bear the risk because of the instinct of human being, troubles can not be avoided. It's necessary to lay down the rules to distribute the risk between the two parties. This text try to deals with the general theory of the risk bearing in buy-sell contract and approach the concrete application of the theory drawing on the experience of the others. This text divided into four sections.First Section, Brief Account of the Risk BearingThe risk in buy-sell contract refers to the damage, ruin and loss of the object which is not due to the two parties. It is not reasonable to divide the risk into thing's risk and debt'risk. It doesn't reveal the essential aspect of the risk. Not only the things'risk but also the debt's risk is all due to the damage, ruin and loss of the object. The essential aspect of the risk is the damage, ruin and loss of the object.The characteristics of the risk: 1.objective. Risk is the possibility of the damage, ruin and loss of the object due to the uncertainty. The uncertainty is the feature of the objective thing because of the changeable situation. So risk is the companion of the uncertainty.The uncertainty refers to the occurrence, time and result of the risk. It is very important to realize the definition and the characteristics of the risk in order to define3 the limits. The cause not because of the two parties refers to the situation which is not due to the parties'faults. Generally speaking, risk...