On The Risk Burden Of Housing Sale Contract

Article 142 of the Contract Law of the People's Republic of China(hereinafter referred to as the Contract Law)has been regarded as the fundamental law to solve the risk burden of the contract of sale and purchase.However,the legal provisions only make a general provision on the risk burden of the sale of movable property,whether it can be directly applied to solve the problem of the risk burden of the sale of immovable property,there is still a dispute in the academic circles.This article takes Chengdu company and other people house sale contract dispute case as the breakthrough point,unifies our country present legal norm to the risk burden stipulation,through the case analysis legal stipulation encounters the bottleneck in the judicial practice,standardizes the house sale in the "delivery" the meaning,further understands The essence of "risk burden" discusses the dilemma of "deliveryism" in judicial practice and the rules of risk burden of ownership should be applied in the house sale in our country.This article is mainly divided into four chapters: the first chapter takes the case of a house sale contract dispute between a company in Chengdu and others as an example to reveal the actual complexity of the current house sale contract risk burden dispute in China.The second chapter expounds the principle of delivery and risk burden,and analyzes the existence of deliveryism in judicial practice The dilemma.On the basis of the analysis of the housing delivery and risk burden in this case,it is considered that the risk burden rule of the house sale contract should be preferred to adopt ownership doctrine.The third chapter fully discusses the relationship between the default system and the risk burden rule and its influence,aiming to make a clear distinction between the default system and the risk burden rule.Chapter 4 puts forward some suggestions to perfect the current risk burden system of house sale contract in our country: First,the identification standard of risk burden of movable property and real estate should be distinguished correctly.The scope and consequences of risk burden and the connotation of "delivery" in risk burden rule are defined.Second,improve the mechanism of loss sharing after the risk burden,mainly improve the relevant legal system,establish and improve the housing insurance fund security mechanism,improve the relevant burden system in the case of breach of contract by the parties,and so on.