Research On Risk-bearing Of Approval Sale

The transaction of trial products is based on the agreement that the buyer has to accept the bidding deal when he is satisfied with the trial products. It is a special form of sales contract.It is generally recognized that the buyers and sellers most focus on two aspects that are benefits and risks. Approval sale is no exception. But in the legislative status of our country, there are no specific laws or regulations on risk bearing on approval sale. Also there is no general agreement on the problem that whether it applies to the rule of the risk bearing in general sales contract. So this paper bases on the basic theory of contract law, with analyzing the particular characteristics of approval sale, subsequently infers the rule of risk bearing on the sale by trial.The first part of this paper illustrates two basic factors’ meaning of risk bearing on approval sale, which contribute to definite the categories of this discussion. The second part is the important part of this paper, which discusses the rules of risk bearing on approval sale. The discussion goes in three contexts:the rule of risk bearing in general sales contract, the specific problems in a sale by trial, and then draw a conclusion that the one take the risk should be the buyer. The third part of this paper is another important part. This part is the value analysis. Form the point of practice effects, discuss the determining mechanism, that is "Risk and Benefits Consistency". The last part, summarize the above discuss and point out the advices on perfection of the rule in risk bearing about approval sale and also some advices for the sells on how to cut their losses.