Study On The Principle Of Risk-taking In Contract Of Sales

Nowadays, economic activity has developed so fast,risk is growing at the sametime,which means potential losses. The system of risk-taking is built to get a rationaldistribution of potential lossess between the two parties because it has a significantimpact on the interests of two parties. From Justinian to Labelle, the system ofrisk-taking has became a controversial issue and achieved a significant position bothin theory and practice. In theoretical field,the principle of contract work、the ism ofdelivery and the principal of ownership have long dominated the related academia.Although there are some legal regulations about risk-taking in China, theseregulations are imperfect and unscientific,which have caused disputes in fact.Forexample,different understanding of delivery; the prerequisite about the system ofrisk-taking; the deficiencies about the system in transportation business.The author thinks that handing-over in China’s “Contract Law” not only includesreality handing but also the ideal handing, both could cause transfer of risk; What’smore,the author believes that we should stipulate some precondition of risk transfer,such as the subject matter of contract sholud be specially appointed; As to article144of China’s “Contract Law”,the author thinks that regulation is not sophisticated, itshould prep risk transfer in advance and should make some regulations aboutrisk-taking when seller has defaulted.; As to article145, the understanding of its firstshipper is not inconsistent. The author considers that first shipper not includes seller;As to the relationship between risk-taking and liability for breach of conteacts, thispaper analyses different conditions under the liability for breach of conteacts andmakes research about how liability for breach of conteactsinfluenced risk-taking; At last, this paper introduces some special sales, such as sale by trial, auction,E-commerce transaction, instalment business contract and so on.