Research On The Problem Of Risk-bearing Of Work Things In The Work Contract

The risk of contract is the damage or the loss of the subject matter caused by reasons which are not attributable to the both parties,and the risk-bearing system is an important content of contract law.The transfer mode of subject matter of risk mainly includes "the principle of ownership" and " the principle of delivery",and these two models all follow the principle of " where is the benefits,there is the risk ".But whether the two models are applicable to the risk-bearing of work things in work contracts,which has not been clearly stipulated in the law contract in our country.The problem of risk-bearing of work things in the work contract does exist,and how to weigh the interests of "the ownership" and " the delivery" is the key to determine which principle is suitable.Based on this,fist of all,we will ensure the ownership of work things in different types of work contacts,and then we will determine which principle should be used in every type of work contract: the contract of manufacture and processing contract of which the processed goods belong to the the contractor at fist abide by "the principle of delivery".The contract of housing repair,fixture and decoration,home maintenance,the contract in which the right of possession and ownership of subject matter belong to the customer and the processing contract which the processed goods belong to the customers abide by "the principle of delivery".