货物买卖中违约对风险负担的影响

An Affecting of the Breach for Contract on the Burden of Risk in the Commodity Trade

违约责任与风险负担是两个彼此独立却容易混淆的法律关系,违约不会改变风险转移的一般原则,只是在特殊的情况下,法律基于公平的理念,在违约对风险负担的影响上做了例外的规定。

The liability for breach of contract and the burden of risk are two mutually independent legal relations, which can be easily confused, the breach of contract can't change the general principle by which the transference of risk must abide. Only under special conditions, the laws draw an exceptional regulation on the relationship for the justice objective.