Study On The Rules Of Burden Of Goods Risk In Sale Contract

The problem of risk loss in contract, especially when it relations to the goods risk bearing, is so important that it directly affects the interest of the two parties of the contract. However, scholars in our country also have different interpretations about this problem, thus it has a great practical significances to discuss about the risk bearing rules of goods in sale contract.In sale contract, the good's damage or lost which is not caused by one of the parties in contract, will bring disadvantageous benefits to one party or both parties. So it should be definituded that when the good risk transfer. However, because the risk can't attribute to both parties, it is difficult to ascertain a fair, reasonable time to specify the good risk bearing time.In this essay, in order to understand the essence of the risk, I begin with the definition of risk and then find out the characteristic of risk. Then, the writer introduce and analyze the rules of risk bearing in sale contract, that is the principle of existence of contract, the principle of ownership and the principle of control. Except that I also have made some research on the special problems in this field, for example, how to allocate the risk when one of the party breach of faith and when the goods are uncertain, etc. The core of essay is the last part where according to the comprehension of the risk I analyze the status in china and put forward my own idea to set up the legal frame of it.