A Study On The Risk Burden System Of The Subject Of The Sale Contract In China

The risk of sales contract subject matter is to point to reach a consensus on the parties, because of the reason not attributable to the parties, the contract subject matter damage to or loss of a kind of adverse consequences. Who will bear the risk of subject matter, the relationship between the fundamental interests of the parties to the contract. As an enduring contract in civil law legal system, with the constant development of trading today, the intension and extension of the business contract subject matter is in constant change, a new type of business contract subject matter are constantly emerging. Followed by buying and selling contract risk burden system should also continuous development change, but our sales contract subject matter risk burden system slightly lagging and the insufficiency, we need to further improve. Therefore, the system is more and more discusses the value and significance.The full text consists of three parts: preface, text and conclusion. The introduction part mainly elaborated our country business contract the subject matter of risk burden system research purpose and mea ning, research status at home and abroad, and the lack of legal regulation for the system in our country. The text is divided into four parts: the first part of the business contract from the academic subject matter and the definition of basic concepts of risk and the risk burden and foundation of legal interpretation; The second part is mainly on outside business contract subject matter risk burden system legislation comparison research, mainly examines the Anglo-American law system and continental law system countries legislation, from three different legislative cases to analyze the advantages and disadvantages, which provide reference to perfect our country’s legislation; The third part is the study of our sales contract subject matter risk burden legislation present situation, the insufficiency and flaw of; The fourth part is the Suggestions for the perfection of our sales contract subject matter risk burden, mainly from the general rules of business contract the subject matter of risk burden, special sales contract subject matter risk burden of rules and when the subject matter of default risk rule and so on has carried on the exploration research, and puts forward reasonable Suggestions on legislation in China. The last is the conclusion, the full text were summarized.This article applies the method of science and technology research design, the use of pure jurisprudence analysis method, the method of economic analysis, spectrum analysis method, comparison research method and the method of literature research. From general chattel and real estate business contract the subject matter of the risk burden of regulation rules, some special for the sale of the subject matter to the rules of the burden of regulation risk, especially with the further development of e-commerce, network for the sale of the subject matter of the contract risk burden rules needs to be perfected. Constantly perfect our country business contract subject matter risk burden rules, for the smooth progress of the development of economy and trade.