Study On The Goods Risk Transfer In The Domestic Business Contract

The goods risk of damage and lose is a problem that both of parties of business concern much about, and it connects to the profit of both parties of business directly, and it is an important matter in the business contract law. So many countries business law all values the lawmaking of goods risk transfer very much, including lots of international law. The contract law of the peoples Republic of China that is in effect in 1999 has detailed rules about it in the chapter of contracts, absorbing the institutional advances of laws international. However, scholars in our country also have different Interpretations about this problem, thus it has a great practical significances to discuss about the risk of goods transfer. The risk of good transfer is what may happen to any businessman, causing the business contract object damage and the reason can't attribute to the origin of matter of the business contract both parties'the party concerned result in lose. In transfer contract, the damage or loss risk of subject matter greatly influences parties'benefits. How to resolve it becomes one important matter. In transfer contract, the burden for breach of faith and the risk of goods transfer has consanguineous relation. So lucubrate and how to resolve risk at last becomes a stress matter in the article. Liability for breach of faith is an important step to ensure realize the creditor's rights and carry out debt rights. Is refers when the litigant not fulfills the debt according to the contract agreement, should undertake responsibility and so on compensation harm, payment penalty. The mainland legal system country generally by the contract one of reasons which produces as the debt, breaks a contract the responsibility concept frequently to contain in the debt does not fulfill the responsibility" middle. The risk responsibility with breaks a contract the responsibility system both to have the relation and to distinguish, the author will carry on some analyses to two between relations.Nowadays, market economy increasing everyday, so the fashion of transfer change quickly, and many kinds of special contracts come into being. For example, auction, withhold possession and installment trade contract, analyzing the risk transfer and how to assume the burden of these special contracts being very important in practice, which being good for resolving these kinds problem. Because my ability is limited, so l will analyze risk transfer of mark in domestic goods trade contract only.