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Research About Risk Burden Of Purchase And Sale Contracts In The Mode Of Transportation

Posted on:2014-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:M P LiuFull Text:PDF
GTID:2296330425978695Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
With the rapid development of the globalization of the economy, Increasinglyclose economic exchanges between countries.Since the reform and opening up tothe accession to the WTO, China follow the trend of the world economygradually.Economic indicators increased year by year,botn domestic and foreignmarkets both showed a thriving prosperity.In this context of the times, The sale ofgoods or The risk burden of purchase and sale contracts of goods as one of theimportant contents of the Contract Law,although principle of delivery to the riskburden of targeted matter is a general principle,real life is complex andchangeable,if we do not take deep study of principle of delivery,we can not dealwith the new challenges of a variety of new problems.Especially the issue of riskburden of purchase and sale contracts concerning transportation.Existing the Rulerof Risk Burden in the contract encounterred certain applications obstacle.Particularity of that contract decided that risk assignment have to consider severalfactors.This article Starting from a difficult From real life,Put forward several specialscenarios that existing the ruler of risk burden can not handled,so that It isnecessary to start Research in this area.Then carefully expounded what is theSpecialty of Purchase and Sale Contracts concerning transport.Finally,Explicitlyconsider what factors.Text of this paper is divided into five sections.The first part puts forward Problems.First is Three general direction of theproblems that may occur in real life.The first problem is The place of deliverychanging,Seller and Buyer Signed a contract for the sale concerningtransportation,And place of delivery expressly agreed in the contract,but buyerasked seller to deliver goods to another place other than the one agreed.So when didrisk burden transferred?The Second part is discussion about the complex factors of purchase and salecontracts concerning transportation.This contract Involved more parties than Usual,and also the targeted matter Specific. There are various modes of transport,Also may be subjected to more types of risk in a long transit.The Third part is discussion about the aspects of complexity of purchase andsale contracts concerning transportation. Trading process is bound to become morecomplex in the case of trading the main multi. Involving bills of lading and otherissues.The Fourth part Is the conclusion, concluded before three parts in the contractfor the sale of the mode of transport, a variety of particularity, and the existence ofthe problem, presenting conclusions.We can not dependent legislation totally,butmake comprehensive judgment related to several factors In the actual case.
Keywords/Search Tags:Business Contract, Risk Burden, Consignment, Transportation
PDF Full Text Request
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