Research On The Risk Burden System Of Sale And Purchase Contracts

With the continuous development of world commercial trade,the trading activities between countries and domestic industries are becoming more frequent,and the transaction volume is rising.The contract of sales and purchase,especially its risk burden system,has increasingly become the focus of public attention.Since 1992,our party has established guidelines and policies for the establishment of a socialist market economy at the 14 th National Congress.As the policy continues to deepen,China’s economic development has undergone earth-shaking changes.Our country has also emerged special contracts in the new economic environment,such as online sales contracts,trial sales contracts,sales contracts for the retention of retained goods,and so on.These contracts with the new era,there is no clear legal provisions on the content of the risk burden rules.Other general sales contracts also have problems in which the risk burden specified in the Contract Law and relevant judicial interpretations is not comprehensive enough,and there is no good implementation of the principle of balance of interests,which is somewhat deviated from the current social and economic conditions.Looking into the future,the complete risk burden system will be the legal content of the future "Civil Law Principles",which is the guiding principle to protect the interests of both parties.This paper takes the risk-burden system of the sales contract as the research object,conducts detailed research on various theories and judicial practice cases,and introduces the theoretical research status and development process of the international and domestic sales contract risk burden system.Combined with the application status of the current domestic sales contract risk burden system,we found the problems of general sales contracts and special sales contracts in China,and finally proposed solutions to the corresponding problems in the application.This paper is divided into five parts.The first part is the introduction.It focuses on the research background and significance of this paper and the research status at home and abroad.It aims to let readers understand the risk burden system of buying and selling contracts under the background of world trade liberalization.The second part discusses the meaning of the risk-burden system of the sales contract and the legislative model.The purpose is to enable the reader to understand the meaning of the contractual risk burdensystem from the most basic legal theory,and at the same time let the reader understand the three aspects of the risk burden.Based on the basic content of each model,this paper explores the advantages and disadvantages of this model,analyzes the rationality and defects one by one,and concludes that the delivery is more in line with the current world trade trend.The third part studies China.The current situation and existing problems of the risk-bearing system of the sales contract,the contractual risk burden transfer rules based on delivery in China are divided into two situations: general sales contract and special sales contract.The current legislative status and existing problems of the two types of contracts are discussed.The fourth part of the sale through the domain Explain the status of the risk burden system,interpret the contract risk burden rules of Germany and France in the civil law system,and the relevant US and UK legal provisions in the Anglo-American legal system,summarize and summarize the advanced legal provisions,and draw lessons from its useful experience for China.The fifth part mainly proposes supplementary suggestions on the shortcomings of the risk burden system of today’s sales and purchase contracts.On the one hand,it improves the relevant content of the risk burden system of the sales contract under normal circumstances,on the other hand,it improves the relevant content of the risk burden system of the special sale contract.The rule is a suggestion.