The Theory Of The Risk Of Sales Contract Subject Matter Loss Burden

The contract of sale is the most widely used contract, which the pattern ofeconomic globalization and associated risk burden of the system has become one of thecentral issues of contract law, the legislation of the countries in the world this systemhas given high priority. China’s Contract Law, the relevant provisions on the contract forthe sale of the subject matter of risk burden, but because of the provisions of the contentis not comprehensive, resulting in the use of legal practice, to the parties to safeguardtheir legitimate rights and interests has caused some difficulties.This article is anchored discussed. First, the concept of risk, characteristics, risk thesubject of the scope defined. For the three existing legislative model one by oneassessment, summed up by comparing the advantages and disadvantages of thecorresponding mode. Secondly, the countries on the legislative provisions of thecontract for the sale of the subject matter of the risk burden of the general rules andspecial rules detailed comb. Again, the biggest bright spot of this article is throughempirical analysis, leads to a focus of controversy in China on the contract for the saleof the subject matter of risk burden, focusing on the premise of the "risk burden","default risk of the subject matter of the burden of rules," Road goods the sale of thesubject matter of the risk burden of rules and involves the risk of transportation burdenof rules,"these four categories are analyzed, the foreign advanced legislation to requireour legislative provisions, and then found the lack of requirements of contract law inChina, and proposed improvement recommendations in order to be able to play a certainrole in promoting the theory and practice.