Research On The Risk Burden System Of The Subject Matter Of The Sales Contract

The risk burden system of the subject matter of the sales contract refers to a legal system in which buyers and sellers reasonably bear the risk of damage and loss of the subject matter.The generation of the risk burden system of the subject matter of the sales contract conforms to the economic development of modern society,and it is the product of the continuous development and change of the sales contract system.The “Contract Law of the People’s Republic of China” clearly stipulates the risk burden of the subject matter of the sales contract,rationally dividing the risks that the buyers and sellers should bear,protecting the legitimate rights and interests of the buyers and sellers in a certain extent,and protecting the effective operation of the risk burden system of the subject matter of the sales contract in China.However,there are still many shortcomings in the risk burden system of the subject matter of the sales contract in China.The content of this article is divided into the following five chapters: introduction,the overview of the risk burden system of the object of the sales contract,analysis of international rules and the risk burden system of some countries,the current situation and problems of the risk burden system of the subject matter of the sale contract in China,and the improvement of the risk burden system of the subject matter in China.Above all,this article summarizes the relevant meanings of the risk burden system of the subject matter of the sales contract,and evaluating the three theories of the risk burden system:contract establishmentism,deliveryism,and ownership transferist.Hereafter,this article discusses three kinds of legal values of the burden system theory.They are fair value,efficiency value and safety value.Afterwards,this article analyzes the regulations of CISG and international trade practices,and the risk burden of the subject matter of the sales contracts,to provide an empirical basis for the improvement of Chinese system.Then on the basis of summarizing and analyzing the legislative status and system content of the risk burden system of the subject matter of sales contract in China,the rationality of dividing risk by using the principle of deliveryism in China is evaluated from three perspectives.At the same time,this article analyzes and summarizes the problems existing in Chinese risk burden system.Finally,this article puts forward suggestions for improving the risk burden system of the subject matter of sales contract in China.Specifically,it can be improved from four aspects: improving the applicable conditions for the delivery of the subject matter,refining the risk burden rules in case of breach of contract between buyers and sellers,optimizing the risk burden rules related to transportation,and improving the risk rules of the subject matter of special types of sales contract.