Business Contract Risk Burden Of The Subject Matter

Nowhere is not in the risk, market is even more so. The contract for the sale of the risk of the subject matter of the contract is to point to by not attributable to the parties to the cause of the damage to the subject matter of the loss adverse condition. The subject matter of the parties risk have very important sense, directly related to the realization of the interests of the both parties to the contract, therefore, the subject matter of the burden of the risk is particularly important, countries and the international convention on civil law, international practice all this standard. But, our country theoretical circles on the risk of choice and legislative burden "contract law" the regulation understanding in bigger dispute. Therefore, it is necessary to the subject matter of the contract for the sale of risk burden further research and study. Market economy business everywhere, and risk are widespread in the buying and selling of the subject matter, when risk occurs, who is there to take risk burden, this is related to the fundamental interests of the problem, as you can see, this system research and discussion quite important. All countries in the world on risk problem seriously, but to risk the understanding of the burden, there are three different theory, the contract is established, and delivery of socialist ownership of socialism. In this paper the risk burden concept, characteristic, value and risk the burden and the other on the basis of the distinction between the system, this paper focuses on three risk burden theory, analyzes the advantages and disadvantages, choose accord with the developing trend of the burden of risk theory.The subject matter of the burden in risk theory, there exist the contract, title, socialist and delivery of socialist three claims. The contract socialist fully respect the will of the parties, to urge the parties to fulfill the contract, but it doesn’t differentiate contract and contract comes into effect, but also to the buyer protection is insufficient, most countries have now already been abandoned. Though socialist ownership has improved but there is still a large abuses. All countries to define different ownership change, this in international trade, it is difficult to accurately; And the seller has no right to sanctions in, based on the socialist ownership, and no one will take on risk. Socialism is to point to the subject matter delivered with risk delivery and transfer, this claim effectively resolve the disadvantages of other claims, most countries become universally accepted theory of claims, but its also has certain disadvantages. Our country "contract law" to risk bearing system also made some provisions of principle, but there are many defects, in this paper the world advanced theory based on the analysis of the research in China, points out that the burden of risk theory remains to be added place, hope to be able to guide our risk of the development of the theory of burden and perfect. Therefore, the contract for the sale of risk to the study of the system of the burden is not only of theoretical significance and has more practical meaning.Business contract subject matter before this risk burden for many theories and works, the related theory is full, this paper is on the basis of reference and study a perfect, stood on the shoulders of giants on the issue to a simple review and analysis of the one-sided places put forward some simple ideas and specific discusses the practical application of the problem, I hope my essay can in the related theory and practice for a small role play, who are interested in studying the direction to people with little help, also hope to have more works best paper appear. The legislation in China adopted as a general principle of delivery, in addition,"contract law" is a special some of the buying and selling special provisions, such as involving transport business, and buying and selling goods, remote buying and selling, etc. Business contract subject matter before this risk burden for many theories and works, the related theory is full, this article is hard to beyond the scope of predecessors. This article is in reference on the basis of previous studies, and the theory of general contract risks burden the concept, main theory collects and analyzes the system, to the existing error recognition and one-sided places puts forward some points of view, and on this basis to explore the system in practice in the specific application.Our country "contract law" the subject matter of the provisions of the burden of the risk is there are some deficiencies, according to international convention, international practice and other national advanced legislation theory, in this paper to "contract law" into the relevant regulation of the comments and Suggestions, looking forward to theory and practice can play a certain role in promoting. The following, this paper will be based on the theory of the existing discusses risk burden the choice of system in China, the author analyzes the relevant law, in hopes of theory and practice plays a certain role in promoting.