Study On The Risk Transfer Of The Subject Matter Of Sales Contract In China

Risk is the concept of a rich connotation, which is often used as several areas, the risk of economics is to points to: the so-called risk which refers to some kind of adverse events or losses occur probability and consequences of function. That is, people are uncertain of the future behavior of decision-making and objective conditions and may cause consequences and produce a variety of target for the deviation of comprehensive. In the contract law, the general risk refers to various abnormal losses, which includes both attributable to contract one party or both parties the reason for the loss that causes, and includes not attributable to contract the reason for the two parties the loss that causes. The risk of narrow meaning means only for not attributable to contract the parties which brought by the reason of abnormal losses.Risk is the subject matter of the subject matter contract provisions of damage or loss, the risk for the problem by who is one of the important contents of risk burden, which has special meaning in buying and selling law. In the Hague goods business meeting which sets up a special committee of the draft the international sale of goods or unified method convention. Special committee pointed that,"risk burden problem is the most seriously problem to convention drafter." Scholar Feng da tong thinks that:the purpose of the buying and selling method is based on the contract relationship to produce a variety of the risk of loss in between the parties, the distribution for attributable to both parties as a result of the reason for the risk, according to the responsibility of breach of general system of risk for the distribution, for not attributable to the risk of both parties, and performed the risk and divided into performances cannot risk, while in common law countries, the two kinds of risks failed to provisions in the system, the mainland legal system country, to perform difficult risk generally uses the principle of the changed circumstances to the risks to distribution, for the performance cannot risk, generally uses the risk burden to the allocation of risk rules.Along with the economic development of countries of trade deepened increasingly, many countries and international organizations are serious to foreign trade related laws, and relevant international conventions and trade practices are also serious to risk the rule of the burden of the detailed rules. Most countries have made specific provisions to the subject matter of the transfer of the risk and to the provisions of the detailed rules. In China in1999, the effect of the Chinese People’s Republic contract law, in a chapter of the contract for the sale of goods risk transfer do detailed regulations. At the same time, Chinese academic field of the subject matter of the contract for the sale of risk transfer related law have different opinions and suggestions. At the same time, in the process of implementing the subject matter of the provisions of the transfer of risk, there are some unreasonable situation, so the subject matter of the contract for the sale of the risk transfer system take advantages of each system, for which the Chinese contract law study it for reference so as to further perfect. It also has important practical significance to our country’s contract law system.