The Subject Matter Damage Analysis, The Risk Of Loss Burden

The so-called subject matter damages, loses the risk to refer to, cause the subject matter to damage , lose in one pair of affair contracts because of can't attribute to both parties' origin of an incident ing. Structure the risk by who system that undertake whether subject matter of contract law damage, lose risk bear the system. It is main in the risk one distribution foundation the party autonomies of party,but stipulate party on contract and dispute of taking place at, need legal provisions to solve these problems. It is mainly to apply to the deal contract to bear the rule in risk , but produce in other contracts, it is a generality question of the contract law. I bear rule and analysis that legislate from various countries to risk mainly, summarize civil law three legislative principles of fair principle, i.e. party autonomy principle, the punishing principle, the interests and principle of correspondence of risk looks, and the judicial idea behind this principle - -Fair principle. Apply concrete contract to principle this , analyze special how about contract assigns the risk in practice. This has a standard to not merely make while bearing the rule in the legal structure risk, attempt , bear through risk rule make contract law divide , have one generality issue, make contract law system, standardized.This text chapter one introduced the concept that the subject matter damages , loses risk and risk and bears , characteristic and and difference of liability for breach of contract and get in touch that risk bear, distinct relevant concepts , have carried on foreshadowing for the following argumentation. Recommend relevant subject matter damage , lose risk various countries to bear system legislate again, mainly there are two kinds of legislation in various countries, i.e. transfer unified legislative example and legislative example of separating with ownership . I have further analyzed it is two kinds of legal systems that ownership is transferred and transferred with the subject matter according to the introduction that various countries legislated, there is not a positive connection between the two , bear and stipulate that there is not a positive connection in so the...