Contract For The Sale Of Risk Burden

In 1999, the contract law of People's Republic of China was enacted. To some extent, the contract law promoted the development of contract system. The contract law is the entia of economy contract law, international contract law and technology contract law. And it regulates the general rules of them, however, as to the allocation of risk loss, it just stipulates a little. The problem of risk loss in contract, especially in international sales contract law, is so important that it directly affects the interest of the two parties of the contract. Therefore, in this context, I mainly discuss this problem in sales contract.Risk is not caused by the reasons of the two parties of the contract or the third party but by the impersonality reasons. The features of risk makes we could not let the person who makes the fault burden the risk loss and then how to allocate risk loss becomes a problem of justice. As a matter of fact, only when we could allocate the loss fairly, we could balance the interest of the two parties and make the relationship of the two parties stable. After entering WTO, it is more important to allocate the loss between the parties from different countries than before. It influents the position of our country in international trade.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, at last tell the difference of relevant concepts of risk. The emergence of risk problem followed the sales contract and it went through a long period. About this problem there are some principles, such as the principle of existence of contract, the principle of ownership and the principle of control. However, not a principle is ideal and every principle has the benefits and defections, which were illustrated in the essay, and so my aim is just to find a suitable one for our country. 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 the contract and when the goods are uncertain, ect. The core of the essay is the last part where according to the comprehension of the risk I analyse the status in china and put forward my own idea to set up the legal frame of it.