Contract For The Sale Of Goods Risk Burden

The question of bearing transaction contract risk involve bilateral most basic interests, so various of countries give great concern on legislation of bearing deal contract risk, and make regulation on the risk of the goods specifically, but its content is not different. The studying of our country in the risk of the deal contract is relatively late, so is the legislative practice. Relevant works are actually rare too. Before revising "contract law ", only article 13 of" foreign-related business contract law of the People's Republic of China" had simple regulations in 1999, in addition, our country regulation on undertaking the risk of deal contract is blank basically. So I use compare method to study risk concept, relevant theory on bearing risk and some systems related risk, and expect to understand clearly on the question of bearing risk. And put forward the reasonable suggestion on perfecting our country "contract law " legislation. The full text divides into four parts altogether:First part, Definition of the risk and risk burden. First of all, the definition of the concept of the risk and nature of the risk; Secondly, carry on the deep discussion on the reason for causing the risk; finally, definition of risk burden concept and comparing the system of risk-bearing and relevant systems of the risk-bearing, so that we grasp which interests have taken place belong to content of risk-bearing.Second part, the commentaries of three major theories about the risk. Up till now, there are three theories about the,risk in the world, namely: Doctrine that the contract is tenable; Ownership doctrine; the doctrine of handing over. Handing over principle is the theory mainstream of the question of bearing risk at present. Three theories these have pros and con each, through analysis and research of system, we have clear and thorough understanding on major theory of Handing over doctrine.The third part, when the party don't break a contract, we study the Factor that influence risk-bearing, and give suggestion of our country legislation .The regulation of the risk-bearing in our country's " contract law" is divided into two respects:First, how to define the risk-bearing when the party don't break a contract; second, how to define the risk-bearing when the party break a contract This text complies with " contract law " ,in the third part, go on various kinds of research on risk bearing, when the party doesn't break a contract. And put forward the conductive suggestion on our country legislating defect.The fourth part, analysis of the factor that influences the risk bearing while the party breaks a contract. First of all, when the selling party break the contract, which factor is influence the risk bearing, put forward the conductive suggestion on legal provisions of our country; Secondly, when buying party is broken a contract, which influence the risk of confirming, put forward the feasible suggestion on legal provisions of our country.