Research On Rule Of Risk Transfer In Sales Contract

Under the market economy, all sorts of risks will occur in the process of trading. The system of risk transfer, mainly solve the subject matter of sales contract, due to the reasons not attributable to the parties, give arise to the risk of damage to or loss, how to determine a relatively reasonable standard from the perspective of legal to the occurrence of such losses, and thus to determine the time when risks transferred from the seller to the buyer. In private law, buyers and sellers can have agreed in writing the subject matter of the Contract risk transfer problems. Law rules the system of risk transfer, only in case the buyer and the seller in the absence of risk transfer problem agreed by Contract, in the form of legislation that determine the rules of risk transfer to solve the problem of risk allocation between the parties. On the basis of inherit the advanced legislative experience in the World, the rules of risk transfer in our country’s current "Contract law" about the subject matter is delivered. Due to the subject matter of risk transfer system is a concerned problem issued by the buyer and the seller, and this issue is also a widespread problem in the Contract law. This article tries to comb the problems of the risk transfer and to discuss the shortcomings of the current laws and regulations systemically.This article mainly adopted the perspective of comparative law in the process of study, the author compared the legislative cases of risk transfer system in the main countries of the World, meanwhile adopting the value analysis method to analysis the rationality of the rules of the mode of delivery. This paper mainly includes the following sections:The first chapter, the author mainly explains the basic concept of risk transfer problems, including the scope of the risk, the substantial risk and the classification of risk and basic questions about risk transfer.The second chapter, the author uses the perspective of comparison method to analysis the risk transfer rules on the basis of the three kinds of legislative mode, concentrating on the analysis of the legislative mode of delivery in the civil law and common law legislative cases, at the same time the author introduced the rules of risk transfer of the United Nations convention on the international sale of goods. The rule of delivery is a common trading mode in the worldwide market.The third chapter, the author mainly introduced our country "Contract law" the rules of the delivery mode, such as the general provisions, as well as the law application in special cases.The fourth chapter, the author improving the deficiencies of risk transfer system in the Contract law. As to the establishment of the connotation of "delivery", risk transfer rules application premise of risk transfer rules, Article 144 of "Contract law" the seller malicious not told, etc. Based on the summarizing the foreign legislative experience, at the same time combined with the reality of our country, the author provides some specific advices that to supplement and refining the risk transfer system in the Contract law.