Study On The Risk Burden System Of Subject Matter Of Sales Contract

The risk burden of the subject matter of sales contract involves the fundamental interests of both parties, therefore the contract law should make clear defination to slove this problem properly.This paper discusses various aspects related to the risk burden of the subject matter of sales contract, tries to reveal the nature and law of this system from a deeper level, and puts forward some suggestions to improve our sales contract risk burden system.This paper is divided into four chapters:The first chapter, the risk and risk burden.Firstly, the chapter defines the content of "risk" and determines the meaning of risk in this paper before discussing the risk burden system,.Risk is the damage to or loss of the subject matter caused by reasons which are not attributable to the both parties.Secondly, it introduces the risk causes.Mainly includes the natural force, the accident, the fault of third party and natural attributes of the subject matter.Thirdly, it introduces the content of the risk burden system and discusses the relationship between the risk burden system and related systems including change of circumstances, the liability for breach of contract and defect warranty.The second chapter, the main time limition theories and assessment of risk burden. This chapter introduces three main legislation models, that is, the principle of founding contract, the principle of ownership and the principle of delivery. Based on the basic view of various theories, it makes a brief appraisal respectively and analyses the rationality and defects of legislation modles. On a comprehensive analysis, it concludes that the principle of delivery is more fair and reasonable. Therefore, the principle of delivery has become the mainstream of the world’s legislation. The author agrees the principle of delivery.The third chapter, regulations on the burden of risk in the contract law of China. About regulations on the burden of risk in the contract law of China, it takes delivery principle. After introducing the meaning of delivery it discusses the concrete application. At the same time, China’s contract law also provides the default risk, including the default risks of the buyer and the seller. The fourth chapter, proposals to perfect our current legislation. As to our country’s current legislation flaws and shortcomings, it puts forward two suggestions. On the one hand, the law ought to develop the risk burden rules on special contract for sale, such as a trial sale, installment sale and long-distance business. On the other hand, the law should improve the event of default risk burden, including risk burden about undesirable quantity of objects and delaying payment by sellers.