The Study On The System Of Risk Bear In Sell-buy Contract

The contractual risk system is one of the main problems in Contact Law. The transfer and distribution of the risk directly related to the basic obligation and the interest of both parties is one significant part in the buy-sell contract. Simultaneously, the dissention and dispute appear quite easily in the risk for the bear of the breach of the contract. Under the condition that the risk bear is not expressed and implied between the parties in the contract, it is not certain for the buyer or the seller to be liable for the unexpected damage of the goods. The risk transfer paid much attention by legislations in almost every country, international treaties and international conventions practically affects the interest of the parties in the buy-sell contract.However, different nations and districts take different system on the risks of the liability in the buy-sell contracts, as do international treaties and international conventions.We respectively study the case laws on the destroy of the subject-matters and the risk bear of subject-matter damagesrelating with the ownership of the property, and the destroy of the subject-matters and the risk bear of subject-matter damages departing from the ownership of the property in the comparative way with the two typical models including the transfer of the title at the date on which the agreement between the parties is reached, the transfer of the title at the date on which the delivery to the buyer from the seller in the Continental Countries, and the regulations on the title transfer of the buy-sell subject-matters in the Anglo-American Law. We shall bring some suggestion on the risk transfer of the subject-matters on the basis of the study of specific regulations in the several typical contracts and some related specific problems on the risk transfer of the subject-matters.We shall make a deep research in the article on the bear of the risk in the typical contracts with some basic aspects including the concept of the risk transfer and the limitation of the risk, and with the several legislative models on the risk transfer. Furthermore, we also study the bear of the risk with the breach of the contract.