Sale Of Goods In Risk Burden System

Risk is the main problem in the contract law, especially in the contract of merchandise. The occurrence of the risk will have great influence on the essential rights and obligations of the parties and their interests, and Because risk will do harm to the objects of the contract, neither party is willing to be responsible to the nonprofit situation. Therefore, it is very necessary and significant to investigate risk in the contract of merchandise. After the definition of the burden system of risk, the paper analyses the burden regulations of risk at various situationsThe first chapter of the paper introduces the burden system of risk and the importance of studying it. Before understanding the burden system of risk, the meaning of risk in law must be defined. Risk ,which is objective,accidental and unexpected, is the damage or loss of objects which can not be due to both parties in the contract, and the burden of risk means either the seller or the purchaser should be responsible to the risk. What is more, risk will bring unwanted influence on the interest of the party negatively, so neither party is willing to take the burden of risk. Furthermore, because the regulation of risk is similar with some other regulations in the contract law such as the violation of the contract, the change of the basis of the contract, it is very significant to find out the difference among the similar regulations and risk.The second chapter shows the rule of the burden of risk at the situation of non-violation of contract. The chapter analyses three primary principles of the rule from histories,positive and negative reasons of the theory .The author prefers the third principle that risk will be transferred from the seller to the purchaser in the transferring time. Although this principle is not perfect till now, it is still regarded as the best choice among the three principles and it is also suitable in the modern society as well as the modern trade. The author explains the misunderstanding of this principlein the academia and deals with the difficulty of it. Besides there still is a heated discussion on the theory, we should pay more attention to the legislation. After investigation on the advanced experience of other countries and the actual situations of China, we hold the same opinion on the contract.The third chapter, on the contrary, introduces the regulation of risk at the situation of the violation of contract from two different conditions. Though the risk of the object and the violation of the contract are different in many aspects, we can not deny the influence of risk. Therefore, this chapter analyzes the regulations of the risk under the violation of the contract in two aspects-the violation of single party and the violation of both parties. Since the regulations of the risk on these conditions are more complicated, the author will analyze the issue comprehensively.The fourth chapter, finally, introduces the regulation of the risk in the special contract of merchandise. Under different conditions, the principles of the transferring of the risk can be different. This chapter is focused on five special situations: the business involving the transportation, the merchandise about the object in the transportation, the auction, the business involving the rent, and the business on trying.