承揽合同中材料与工作成果的所有权归属与风险负担

The Ownership and Risk Burden of Materials and Work Outcomes in Contract

承揽合同虽然是我国《合同法》所规定的一类典型合同,但其中仍然吸收了关于买卖合同、保管合同等合同的相关法律要件。而且,我国现行法并未承认不规则承揽合同。承揽合同中材料的所有权应归属定作人,同时定作人原始取得工作成果的所有权。关于材料与工作成果的风险,应遵循"谁占有,谁承担"的规则,方符合公平原则。

Although the contract of hired work is a typical contract stipulated in the Contract Law of our country, it still absorbs the relevant laws and regulations concerning the contract of sale and purchase and the custody contract.Moreover, the current law in our country does not recognize the irregular contract of hired work.The ownership of the material in the contract of hired work shall belong to the ordering party, and at the same time the ordering party have the ownership of the original achievement. As for the risks of materials and work outcomes, the principle of ＂who owns, who shall bear＂ should be followed by the principle of fairness.