Investigation About The Risk Undertaking System Of Buy-and-sell Contract

The contract risk system is one of the central issues of contract law. Risk burden in the sale and sale of contracts, in the sale of the law has a special significance. This study tries to through the discussion of the pattern of alteration of real right and the contract for the sale to the subject matter is damaged, the loss of the burden of risk between the relationship, reveal patterns of real right alteration of such risk transfer or sharing of legislative design. According to a representative of the three pattern of alteration of real right in the civil legislation of civil law countries and regions:that meaning of Marxist claims model, property formalism mode, credit formalism mode, and the rules in Anglo American contract for the sale of the subject matter ownership transfer were investigated. The subject matter damage, loss risk burden and the subject matter of the sale contract risk related to the legislation and the dynamic property subject matter of the damage or loss risk burden and the subject of ownership, ownership is separated from, so that the subject matter is damaged, the transfer of the ownership of the conversion of the loss of the burden of risk and the underlying phase separation legislation. And taking this as the premise to understand the relevant provisions of civil legislation in China.The first chapter discusses the overall contract law in the process of the development of the sale contract risk burden in the field of domestic and foreign research status, this paper is mainly to solve the problem and the main clue, the research work in economic construction, scientific and technological progress and social development of the practical value and theoretical significance.In the second chapter, the overview of the sale contract risk burden field will be different concepts to be discrimination, the sale of the essence of the contract shall be discussed and detailed expression, which leads to the conclusion that the theoretical value and important theoretical significance.In the third chapter, by enumerating the examples discusses the legislations of the contract for the sale, through a variety of independent legal perspective to the sale of the concept of contract risk burden be expressed, also from different countries for the sale contract risk burden principle demonstration, compared the different legal systems in phase with problems on the different provisions of the legislation for the validity of the contract for the sale of the burden of risk theory fully displayed and reflected.The fourth chapter is the risk burden rule and the important problem of the sale contract in our country.The fifth chapter discusses the perfection of the contract system of our country, the relationship and the relationship between the regulation and the other laws.. At the same time, it also analyzes the contract and its risk from different research methods. The research technique and the contribution of the research technique, the way and the empirical analysis of the social investigation and the repair of the risk burden theory system are put forward.