Research About Risk-bearing Responsibility In The Business Contract

In modem society, merchandise is exchanging in various ways. Performance of both parties' obligations in contract is of separation in more and more dealings. There have been full of troubles and dispute between both parties in business for a long time. As a result, the all countries business law all values the lawmaking of goods risk transfer very much, including the international convention and trade customs. So it's valuable for us to study how to assign this risk of the subject matter between two parties. This article consists of five parts to review and research into such risks completely, in order to make clear these basic problems of risk:The first part: general statement of Risk-bearing responsibility in the business contract. The business contract object separates the particular thing and the category thing, for the category thing, it is particular to turn is the premise that the risk transfer, The risk of good transfer the output origin of matter mainly has a force majeure, accident, the third people the fault and object natural characteristic; The risk of good transfer transfers to bear two basic concepts with risk is often mention, twos distinguish without the essence, is the different angle of the same of problem to express.The second part: borated the value of business contracts risk-bearing responsibility system, the necessity and historical inevitability. Writer point out that justice, security and efficiency are the value goals of the system.The third part: general surveys on the business contract risk bearing system from the angle of comparative law. Firstly, after the detailed exploration on the legislative mode of the risk-bearing system between the two kinds of law countries since Roman law, the author generalizes three types of legislative modes, namely, the principle of delivery, the principle of ownership and the principle of founding of contract. In the meaning time, the author delves into the legal basis that is behind the legal system, giving an in-depth anatomy on the advantages and disadvantages of each mode. At last the author concludes that the principle of delivery is an inevitable choice. Then writer observes in detail the current situation and specific application of the risk-bearing system according foreign present law.The forth part: The part is to study rules about risk in Contract Law in our country. We find that our country accepts the manner Delivery as a general rule is reasonable and advanced. Meanwhile there is some shortage, which can't meet needs of the reality.The fifth part: In this section the author offers his own proposals boldly on perfecting the risk-bearing system by using the conclusions reached above. Altogether, the author has no intention to disparage and depreciate the present system. From the view of scholarly research only, the author attempting to pursue reason and fairness. In reality, it may be difficult in balancing various interests due to complicated social conditions. But we cannot give up the offer.