The Research Of Goods Risk Transferring System In Contract Of Sales

The system of goods risk transferring is a system which based on the principle of fairliability,and its starting point is balancing the intreasts between buyers and sellers.Theintrinsic value of building system of goods risk transferring is make rules for risk-sharing.Itworks when there’s no agreement on goods risk transferring,and the agreement isambiguityJust as Schmittoff said:"Risk transferring has been a controversial question insales contract from Justinian to Ernst Rable, scholars see it as their special fields, it affectsthe practice of legislation no matter academic treatise ’s merits."And it lead to there’s nounified rules among domestic legislation、international convention and internationnalpractice.It caused a lot inconvenience to buyers.And obstruct the risk transfer systemapplication in practice deeply.This paper based on China’s current risk transfer system,andselected typical legislation samples which take Contract socialist, Ownershipdoctrine,Delivery socialist as principle respectively.And compared with China’slegislation.Through the use of argument analysis methods as comparion,analogy,exampleof cases,analysis the sample of legislation’s essence and dregs,research some rules worthreferenceing and propose some relevant improvenment suggest further up.