Analysis Of The Contract Risk Burden System

The aim of the system of risk-bearing lies in distributing properly the unfortunate loss that produces based on the congruent relationship between the litigant the suitable assignment. As one of core questions of business law, various countries' legislation basing on fair idea between litigant suitable assignment risks, has designed the different risk-bearing rule and the system. This article apply theory to reality, take the world main country or local as well as the related international joint pledge corresponding stipulation as a foundation, unifies our country law of contract about the risk burden stipulation, carries on more systematic combing to the risk-bearing system, attempts to promulgate a center certain general character and the rule, and put forward the trifle proposal to our country system consummation, expects to offer reference to our country civil code system.The author emphasis on the value of risk-bearing system, that is to develop the economy, to construct the harmonious society, as the subject society the objective request that proposed to the law of contract, at the same time also is law of contract own consummation and the need to develop. This article altogether is divided four parts:Section 1, the author outlines basic theory on the risk-bearing system of business contract. Firstly, from Business contract risk-bearing system concept, the author analyzed its connotation, and anatomized its essential attribute. Then the author described the main legal characteristic of risk-bearing system, and then elaborated the value of business contract risk-bearing system, the necessity and the historical inevitability. Lastly, the author analyzes business contract risk-bearing system with the correlation system relations.Secondly, general surveys on the business contract risk -bearing system from the angle of comparative law. Firstly, after the detailed exploration on the legislative mode of the risk-bearing system between the two kinds of law countries since Roman law, the author generalizes three types of legislative modes, namely, the principle of delivery, the principle of ownership and the principle of founding of contract. In the meaning time, the author delves into the...