Comparative Law Research on the Transfer of Ownership and the Burden of Risk

Author: Yu Yanman
Publisher:
Publish Date: 2003-09-30
Features: This book primarily employs a comparative research method to study the transfer of ownership and the allocation of risks in goods. Specifically, it involves a comparative analysis of relevant provisions in the legislation, international treaties, and international trade customs of different countries or regions. Additionally, it combines theoretical discussions of doctrines to evaluate their strengths and weaknesses, as well as gains and losses. Based on this, the book analyzes and evaluates the provisions of China's current legislation and proposes several recommendations. Furthermore, to explore the origins and seek models of convergence, the following research methods are adopted:
(1) Historical analysis. As a древняя system, the institution of goods sales has undergone a series of significant changes through long-term historical evolution. This book attempts to analyze the reasons behind these changes in the legislative policy evolution of the transfer of ownership and the allocation of risks in goods, and based on this, describes the general patterns and trends of its development. This aims to provide a historical basis for establishing a goods sales system that meets the requirements of China's socialist market economy, aligns with the legal systems of developed countries, and has Chinese characteristics.
(2) The method of legal value analysis. The fundamental value of law lies in achieving order and justice in human society. This book attempts to reveal the social foundation and value orientation of the legislative policy evolution of the transfer of ownership and the allocation of risks through the application of value analysis methods.
(3) The economic analysis of law. The existence of any legal system is rooted in its objective economic foundation. This book attempts to analyze the socio-economic conditions that gave rise to, changed, and developed the system of the transfer of ownership and the allocation of risks in goods. By doing so, it explores the interactive trajectory between the system of the transfer of ownership and the allocation of risks and socio-economic conditions, thereby seeking methods and pathways for the coordination of legislation in different countries.