The Risk-bearing Of The Contract For Sales In The Principle Of Delivery

With the development of society and diminishment of the businiess“deliveryversus payment”， the phenomenon,we cannot get our rights when we doobligations,is much more frequent.It makes us pay more attentions to the problemwho should pay for the damages from the risks,what influnces directly thefundamental interests of both parties.In the bargain,some scholars say that there arethree patterns of risk-bearing:the principle of contract, the principle of delivery,andthe principle of ownership.However,in this paper, the author believes that there areonly two modes: the principle of delivery and the principle of ownership.In theacadamica area,they usually discuss the question,which mode is superior to the otherone,including the applicability of the special contract.So we must analyze therelevanted theory about them.And in the paper,the author do it from the perspective ofthe principle of delivery.There are three parts of the paper,except of the introduction and the peroration:In the first part,the author mainly analyzes the concept of the risk, the system ofrisk-bearing and its comparison with other institutions.The risks are the damages andthe losses, not attributable to the reasons of the parties.Although there are no clearstipulations in the area of theory and the nations,the author thinks it includes two parts:the risks of the damages or the losses of the object and the risks of the price.There arenot only the relations between the system of risk-bearing and the system of liability for breach contracts,the system of guaranteeing the security and the rule of abatementof nuisance,,but also the differences.The aim to analyze them here is to get ready forthe following parts，which is special.The second part is the major part of the paper.By comparing to the laws ofseveral typical nations and analyzing the reasons of drafting and amending thelaws,the author thinks the principle of delivery is superior to the principle ofownership,such as the advantages to the principle of fairness and the safety of the dealand accordance with the principle of“where the interests are,where the risks are.” Tobetter understand the principle of delivery，the author analyze the relevanted theoriesabout them,such as the content and the types of delivery,and relations between themand the risk-bearing.At last, from general to special,the author analyzes the questionof risk-bearing of kinds of special contracts for sales.The third part is the other major priority.It describes the questions of risk-bearingunder the breach of contracts. Although the breaching party shall bear the risk fromthe most of the national laws and regulations,it is not every breaching party.Forexample，if the seller does not offer the serious object,he should not bear therisk.There is a limitation.At the same time,on the basement of analyzing the othernational laws and regulations,the author gives some advices to improve the laws andregulations of our country.