Housing Sales Contract Risk Burden Study

In the contract of sale, the risks involved in the subject matter of who will bear, is one of the core issues of contract law as well as the entire contract of sale, and to protect the rights of the parties has a close relationship. Throughout the national legislation, the provisions of the burden of risk on the contract for the sale of more concentrated in real estate, the value of the real estate giant little more special provisions. While China to "Contract Law" as the representative of the relevant legal provisions of the general principles of the delivery contract for the sale doctrine, but for buying and selling homes in exceptional circumstances, there is still much controversy academia, the way it handled in practice is not uniform. This article attempts to explain the basis of analyzing the basic concepts of risk and risk burden on the general principles for the sale of the burden of risk-Deliveries’depth Analysis, and delivery of warranty liability and risk burden transitive controversial practice ideas understanding and make some recommendations relationships. The author separates the paper of4parts:The first part is the introductory remarks, mainly introduced the research house property representative and the burden of risk significance, summarized the current research status of this proposition, as well as research methods adopted and possible innovation points.The second part is the legislative pattern of business contract risk burden and elucidated. This part of the first defined the concept of risk, the time of this study was to evaluate the cause and the occurrence of a risk, analyses the connotation of risk burden. Through the analysis and comparison of three kinds of typical business contract risk burden legislative model, think taken delivery as the general principles of socialism in our country in line with the requirements of civil and equal justice.The third part is the risk of delivery of socialism under the sale and purchase contract burden, on the basis of clear delivery of meaning, and expatiates on the concept of home delivery, and for a room for selling and payment by installments case law applicable to the sale and purchase of the risk burden, are discussed in this paper.The fourth part focus on analyzing the business contract in another, liability for breach of contract responsibility system, and combine it with the burden of risk are analyzed. Both are closely linked in many ways, but there is a difference in essence, the author analyzes two typical default form:incomplete performance or delay in performance, and to explore their relationship with the burden of risk.