履约中的风险负担——以交付为视角

On Burden Regulation of Risk——from the Consignment

风险的含义应被确定为一种发生损害的可能性,而非已经发生的标的物毁损和灭失。交付是对物的占有转移,其在本质上是一个事实行为。履约中的风险负担问题应当以交付为核心,根据不同情况予以相应规定。

The meaning of risk should be identified as the possibility of damage, but not the damage and loss have occurred on the subject matter. Consignment is a kind of shift of possession, which in essence is a factual act. The regulation of the risk-bearing in performance should be different according tO different situations, when the consignment should be the core.