Business Contract Risk Burden Research Problems

Risk bearing system is an important system for contract law, it refers to the businesscontract concludes, because of the subject matter is the main content of the parties ofdamage to or loss of the adverse consequences of which party for the civil law system, itdirectly set the business contract between two parties loss distribution rules. The core ofthe system risk burden is risk burden metastasis time determine, theoretically subjectmatter risk transfer can be divided into: contract socialist, ownership and delivery ofsocialism. Our country and real estate transfer of risk of movables are to take "deliverydoctrine", in the judicial practice, real estate business contract risk a dispute about burden,this is due to the current imperfect legislation and the particularity of the real cause.When the subject matter is movable property, the subject matter delivered at the sametime ownership transferred accordingly, risk from delivery shift, in practice and theory iscontroversial, but when the subject matter is real estate, the risk of delivery at thetransferring to the delivery of the possession and transfer all of official separation, here"delivery" how to determine and how to take risks is worth discussing this problem, abusiness contract risk bearing system of the specific problems, be helpful for risk burdenthe integrity of the system itself, with the theoretical and practical significance.The article is divided into four parts: first section explores business contract risk burden the basic theory of rules. First ofall, this paper analyzes the concept, characteristics and the risk of composition, main riskby force majeure, accidents, the parties, the third person cannot foresee the fault of thebehavior, the natural features of goods, which is not the foresight, objectivity, damage toproperty, the characteristics of sex. Secondly, the paper discusses the concept and the riskbearing system value.The second part discusses the risk of legislation in our country and the burden of thecurrent law. The subject matter of the legislative model main risk burden is the contractall socialist nationalism, and delivery of the socialist. This paper analyzes the contents ofthe legislative model, the present situation and the defect, summarizing China businesscontract risk burden rules. Our country adopts "delivery socialist" risk burden rules, herethe "delivery" is refers to the transfer of possession.In the third part of this paper analyzes and discusses the responsibility of breach ofthe relationship between risk and burden. Risk bearing system and responsibility ofbreach system is two different legal system, its purpose, applicable elements and legaleffect of each are not identical, this paper discusses the relationship and differencebetween both.The fourth part discusses the particularity of the real risk burden, analyzes businesscontract risk burden specific problems. Mainly analysis the definition of "delivery", ideawhether can cause delivery contract for the sale of risk transfer, the registration of delivery and separation of the risk when burden, double the risk of buying and selling realestate burden, real estate installments of risk distribution, etc.