The transference of goods risk in business contract is a very important part in contract law. It means that who should take the risk that goods would be damaged by force majeure,accident or the nature character of the goods etc. in transporting. When the accident happened, people can judge who should take the loss accord this system. Today,there are three different legislation forms in the world, including:the first, the risk should be transferred when the contract signed; the second, the risk should be transferred when the ownership transferred; the third,the risk should be transferred when the goods transferred. In China, the contract law take the third way, the risk should be transferred when the goods transferred. Although it was coincidence with the majority country in the world, there ara still some defects, especially contrast with "United Nations Convention on Contracts of International Sales of Goods" and "Uniform Commercial Code". The writer will contrast the "Chinese Contract Law" with the " United Nations Convention on Contracts of International Sales of Goods" and the "Uniform Commercial Code", to analysis the defects of the Chinese Contract Law and then give some reasonable and practicable suggestion to make this system better in China. |