Modern Law On The Contract For The Sale Of The Specification Elements Of The Risk Burden To Explore

The Risk-bearing Responsibility in the Business Contract means the disadvantageous consequences which one party bears when contract goods is damaged or lost accidentally. Risk-bearing Responsibility in the Business Contract is a central issue in Contract Law from home and abroad ,thus it has been a focus which experts and scholars study in recent years. With the growth of transaction risk ,quantity and money, the issue has been more and more important. (Concerning bulk goods, the bearing party is likely to go bankrupt, which brings social instability.) The normative elements of Risk-bearing Responsibility decides the final party who takes the responsibility , therefore it has decisive influence on transaction fair ,safe and efficiency , meanwhile, the development of transaction needs us to innovate theory. The theme is closely in step with the times, therefore has theoretical value and practical significance.This article has a further research on the rules of Risk-bearing Responsibility from the home and abroad legislation, the international conventions and legal practices. The structure is as follows:The first chapter first clarities the definition of risk in business contract- risk whi??eads debt not to be discharged is caused by nobody . Meanwhile, clarities risk scope , including Force Majeure, accident, unforeseen fault from the third party and the nature of goods itself. Further clarities the definition and characteristic of Risk-bearing Responsibility in order to get prepared for the further discussion in the next chapter.The second chapter has a comparative study on foreign modern legislation , clarities the Foreign Risk-bearing Responsibility normative elements, including basic elements, specific elements, contract free principle and special legislation regulating. After searching the number of information, I conclude that: Hand-over in basic elements is more suitable for modern transactions. I analyze that different special transactions need different relevant elements; contract free principle needs to be respected; Insurance and co-operation obligations play an important rule in The Risk-bearing Responsibility.The third chapter, by reviewing normative elements of the business contract history, I sum up the value of the normative elements of the modern law—fair first, safety and efficiency equally important.The forth chapter focuses on the Risk-bearing Responsibility legislation of China and gives legislative suggestion for future China Civil Law. Some good rules are affirmative, while some rules need to have a change with the proper transplant from international convention and foreign country legislation. Additionally ,Risk-bearing Responsibility needs to be quantified and allocated to parties rationally instead just simply one party, so that the modern law value—fair first, safety and efficiency equally important can be considered.