The Risk-Bearing Of The Real Estate Sales Contract

The risk-beating is a problem that both parties of business concerns much about,and it is an important matter in contract law.Since it is so important,countries institute different law about it and scholars discuss it,but law and doctrines concern more about the risk of contracts of chattels.So this paper discusses the risk of contracts about houses(a kind of real estate ).This paper consists of five chapters.Chapter One,it outlines basic theory on the risk-bearing system of contract.Firstly,it discusses the concept of risk and the situation which will cause risk.Risk is the damage or loss of objects which can not be due to both parties in the contracts.It thinks the situation which can relieve the debtor of the obligations is the situation which will cause risk.So force majeure,accident,fault of a third person is the situation which will cause risk.Secondly,this paper talk about the concept of risk-beating and what the risk-bearing system contains.The risk-bearing means who should take the result of the risk happened.Chapter Two,it generally surveys on the contract risk-beating system from the angle of comparative law,including both the risk-bearing of contracts of chattels and the real estate.There are three types of legislative modes,namely,the principle of delivery(transfer theory),the principle of ownership and the principle of establishment of contract.After a comparison of the three principles,it concludes that the principle of delivery is a good choice.Chapter Three,its task is to solve the application of the principle of delivery.Firstly,does delivery include the transfer of ownership?Secondly, can intangible delivery transfer the risk?Thirdly,how to decide the time for the risk-bearing when ownership has been transferred without delivery?It tries to find some reasonable resolutions.Chapter Four,this chapter analyzes the regulations of the risk under the violation of the contract.Since the regulations of the risk on these conditions are more compicated,this paper only dicusses the risk-bearing in two kinds of violation of the contract.Chapter Five,it focuses on the relationship between risk-bearing and insurance,which both deal with risk.What is more,insurance can relieve the conflict between law and common sense which is caused by risk-bearing.