The Relationship Of Termination Of The Contract And The Risk Of Damage To Or Missing Of The Subject Matter

In the past, the parties who should have any reason attributable to the other partyenjoy the right to terminate the contract. The risk of damage to or missing of thesubject matter and termination of the contract were likely no intersecting two parallellines. Later, with the strict liability of civil law as a principles to the termination of thecontract system, both inevitably formed "competitive relationship". So manycountries positively legismate to reconcile the contradictions between them. In China,The issue of the risk of damage to or missing of the subject matter of the generalcontract law is no corresponding provision; The risk of damage to or missing of thesubject matter of the sales contract is stipulated by Article142of "Contract Law".Butthe provision of "force majeure" as a condition of termination of cantracts is specifiedby Article94of "Contract Law",which makes the relationship between therelationship of thet wo deteriorate more "worse".We should answer to how to sovlethe problem we encounter due to their "competitive relationship".