In The Theory Of Business Contract Subject Matter Risk Transfer System

The problem of goods risk transfer is a very importantproblem in contract law. The problem is directly related to thevital interests of the contract parties. However, about thisproblem, different country have a different concept. Scholarsin our country also have different interpretations about thisproblem, thus it has a great practical significances to discussabout the risk of good transfer.In this essay, the author begin with the definition of riskand then find out the characteristic of risk. Then, the authorintroduce and analyze the rules of risk bearing in sale contract,that is the doctrine of existence of contract, the doctrine ofownership and the doctrine of handing over. The author also havemade some research on the special problems in this field. Finally,the author, based on the above analysis, proposed personal recommendations about the problem of goods risk transfer.