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Research on Risk-bearing System of Sales Contract
Author: LiDi
Tutor: ChaiZhenGuo
School: Hebei University of Economics
Course: Legal
Keywords: Contract of sale Burden of Risk Value Analysis Special contracts
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 133
Quote: 0
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Abstract
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Risk burden is one of the important issues in the contract of sale, has important theoretical significance and practical value, and thus important for domestic law, international treaties and international practice. Starting from the theoretical significance, the contract risk burden has been one of the core issues in the contract for the sale method. The research represents the degree of a country's legal research on the risk of contract for the sale, so I believe that the contract for the sale of the risk burden strong theoretical research value. With the development of economic globalization and the market economy and prosperity, contractual risk transfer issues become increasingly highlighted the practical problems in the process of economic transactions. May be learned by practice, the results of today's law does not solve the problem of all economic activity. This shows that the practice of sense from the point of view, the contract risk burden is worth further study. The thesis of this article, I broadly divided into four parts: the first part is the definition of a contract for the purchase and sale of risks and risk burden, to understand and analyze the meaning and origin of the contract risk overall. First, the broad and narrow sense, the concept of the contract risk analysis and discussed herein defined. Then study the sources of risk in the contract. Through the analysis showed that the risk of the contract to be attributed to acts of God, accident, third party causes and cargo characteristics. Secondly, for the meaning of the contract system of risk burden to describe and analyze the difference between change this system of liability for breach of contract and violations. The second part of the research is the theoretical value of the contract for the sale of the risk burden analysis. First, the introduction today the three academic risk burden of the contract theory, and Expand assessment, systematic evaluation of the various theoretical value analysis of its pros and cons. Thus reasonable definition of the contract risk burden attributable principle. The third part of the main study our system of general rules of contract for the sale of risk burden. Mainly introduced from the general and two cases of default. In the general case, from two angles of the movable and immovable property to explore, then come to apply our theory of ownership. From the breach by the purchaser and the seller of default in the event of default, two perspectives and recommended further analysis of China's legislative defects. Special contract for the sale of risk burden the fourth part of the main study, this paper special take four contract analysis, namely electronic contracts, installment sales contracts, trial contract for the sale, the auction contract. From each of the special characteristics of the contract, the analysis of our contract for the sale systemic risk defects.
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