Study On The Interpretation Of Price Risk Burden Rules In Contract Of Sale

In modern society,with the diversification and complexity of trading models,various risks in the trading process gradually emerge.The reasonable distribution of risks and losses which are based on contractual relationships among the parties is a critical issue in contract of sale,and fairness is the basic concept of risk distribution.In civil law system,the theory of contract law holds that the rule of risk burden is a specific part in the performance failure system.In order to distribute contract risk,there are both the rule of risk burden together with the rule of contract termination in our law system.There is no general provision of performance failure in the Contract Law of China.With methods of interpretation,this article tries to clarify the problem of risk distribution in contract of sale by analyzing the general and specific applicable rules of risk burden in our country and the relationship between risk burden rules and the system of performance failure.The risk burden models have caused many debates.There are debtor doctrine,creditor doctrine,contract concluded doctrine,delivery doctrine and ownership doctrine.This article,which starts from Article 142 of Contract Law,mainly adopts an interpretive perspective and focuses on the statutes.First of all,this article makes it clear that the risk rules in the chapter of sales contract of Contract Law only regulate the price risk and various methods of interpretation are used to analyze the rules.Most countries adopt the general principle of debtor doctrine or ownership doctrine to regulate price risk in contract of sale.Then,the radiation effects of risk burden rules are discussed.At last,with the help of case study,the article figures out the existing problems in legal practice.As to debatable issues and legislative gaps,this article learns experience from the settlement model of foreign and Taiwan.In my opinion,we should adopt the debtor doctrine as the general principle of risk burden.Also,according to Article 142,the rule of delivery doctrine is specifically applied in sales contract.The article mainly includes the following sections:The first chapter proposes the topic and clarifies the significance of the topic.It is clarified that this article only talks about price risk in contract of sale.Through the analysis of a typical case,this paper points out that there are inappropriateinterpretations of risk burden rules in legal practice.So it is necessary to carry out the study.The second chapter discusses the general principle of risk burden and the relationship between different risk burden models.As a conclusion,there are two kinds of general principles of risk burden: debtor doctrine and ownership doctrine.Although not stipulated in statutes,the debtor doctrine is the one we adopt and is more compatible with our current legal system.The third chapter talks about the exception rule,which is delivery doctrine,in the risk burden of sales contract.This part clarifies the connotation of Article 142 and analyzes the legal elements.Also,this part talks about the rationality of adopting delivery doctrine.The forth chapter discusses how to apply the risk burden rules when there are obstacles to performance.It is explained that the applicable relationship between risk burden rules,contract termination and liability for breach of contract from the perspective of both creditors and debtors.The last chapter is about the application of delivery doctrine in special circumstances.This part analyzes statutes about how to apply the delivery doctrine when the corpore needs to be transported or is already in transit.What's more,it is discussed that the application of delivery doctrine from the perspective of the nature of special sales contracts.