Contract For The Sale Of The Subject Matter Of The Burden Of Risk

Frequent transactions in today’s society, but the risk is everywhere. Contract for the saleof the subject matter the risk burden on buyers and sellers have very important significance.Contract for the sale of the subject matter of risk is due after the conclusion of the contract notattributable to the subject matter of the parties to the subject matter was damaged or lost as anegative state, the subject matter of the burden of risk is directly related to the interests ofbuyers and sellers, therefore, the subject matter of theburden of risk becomes moreimportant.Risk contract for the sale of the subject matter is defined in the contract of sale mayoccur, not because of the will of the parties arising from the subject matter of damage to orloss of a possibility. Accordingly, the subject matter is the burden of risk occurs when thesubject matter is damaged or lost later, who should undertake such adverse consequences.This paper focuses on contract for the sale of the subject matter of risk analysis and riskburden of understanding and knowledge of the subject matter of contract for the sale of themain theoretical risk burden and the burden of risk rules, the burden of risk in terms of thesubject matter, there are three main theoretical perspectives.(A) establishment of thecontract doctrine. The theory holds that the subject matter of the contract established risktransfer. It has the advantage of full respect for the wishes of the parties, in line with theprinciple of autonomy of private law, and are conducive to urge the parties to promptly fulfillthe contract. While its drawback is overly protective of the interests of the seller, theprotection of the weak against the buyer, so today most countries have abandoned.(2)ownership of the doctrine. The theory advocated the transfer of ownership as a risk transferpoint in time. The idea to some extent overcome the deficiencies of the contract establisheddoctrine, but there are also some disadvantages. For example, in the case of the seller rightdisposition, at risk of this theory can not be determined after the basic risk-takers.(3)Delivery doctrine. The theory argued that risk with the delivery of the subject matter of thetransfer. The theory basically solved all the drawbacks of doctrine, as many of today’sgenerally accepted principles of contract law doctrine is also used to deliver the view that inorder to deliver the subject matter of the subject matter of the transfer of risk as a general rule.But also on the contract for the sale of several specific cases the subject matter of the burdenof risk issues were discussed. Finally, contract law regime in the burden of risk is still some shortcomings, raise fundamental questions on risk transfer contract of sale, contract of salesystem risk burden applicable in the event of default, including breach of contract breach bythe purchaser and the seller, the contract rules the burden of risk specific circumstancesapply, including road goods trading, involving the sale and transportation to perfectinstallment sales.