关键词: 不可抗力, 给付风险, 目标物风险, 风险负担, 归责事由

Abstract:

Due to the great influence of CISG on the enactment of Contract Law of PRC, no general rules on the risk assuming exit. Fault is not necessary for the assuming for the liability of breach of contract in the general part of Contract Law of PRC. In formulating the general principles concerning risk assuming, it seems contradictory to the non-fault principles if fault or imputation still plays a great role in the concept of risk assuming.

Key words: acts of god, risks concerning price, risks concerning object, passing of risks, reason for the responsibility of breach of contract