Preliminary General Default Risk Burden On Sales Of Goods

For the two kind of risk duty,we have some ways to cooperate it.In process of theperformance of a contract for the sale, both interested parties can’t break the contract,responsibility of breach of contract and risk-bearing can’t co-exist, the risk causedposibility can be made according to the agreements or the laws. In case of making thecontract, if the object is damaged or ruined because that certain reasons may notattributed to the contract, this will let problem to harmonize the default responsibilitysystem and the risk systems. With the fundamental starting point to perfect ChineseContract Law system, let comparative analysis method to carry on a comprehensiveand systematic research to risk bearing problem during breach of a contract in thebusiness, The passage brings we should bring contingency into the irresistible forcecategory based on the making the concepts such as breach a contract, breach ofcontract responsibility, risk and risk-bearing, the third party causes only can beconsidered as one of the risk original source. Take above-mentioned concepts asconcrete context, this paper will comparatively analyze the risk-bearing legal lawsbetween civil law, British,American common law countries,international conventionson incomplete performance, can’t perform and denied to perform cases, to count morerational approaches by risk bearing problem resolve for existing breach of contractcase. The risk of loss is paid betraying person bearing it, offering the personcertificate for sale even if not delaying except damage person happened stillunavoidably. Second.Seller failed to deliver the agreed subject of the documents andinformation which can not be achieved the purpose of the contract, the subject of therisk of the seller remains a burden. First,contract has been the subject of specific;second,the debtor to be the subject of delivery and consistent with the contract,Second, the creditors entrusted delay. This kind of subject of creditors bear the riskshould be reasonable limits: the purchasers’ risk of loss limits; purchaser take risks;seller itself whether there is negligence.