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标的物风险转移制度是买卖合同中的一项重要制度。标的物风险转移制度是指当买卖合同的标的物由于不可抗力、意外事件、标的物自然特性等非当事人主观错误的原因发生毁损、灭失的风险在何时转移的制度。可见,风险转移制度关系到当导致标的物毁损、灭失的风险发生后损失由谁来承担的问题,事关合同双方当事人切身利益。我国现行的买卖合同标的物风险转移制度主要规定在《合同法》。
The subject matter risk transfer system is an important system in the contract of sale. The subject matter risk transfer system refers to the system of when the subject matter of the contract of sale is damaged or lost due to the subjective error of the non-parties such as force majeure, accident and natural characteristics of the subject matter. It can be seen that the system of risk transfer is related to the issue of who should bear the risk of causing damage to or loss of the subject matter, which is related to the immediate interests of both parties to the contract. China’s current trading contract subject matter risk transfer system is mainly stipulated in the “Contract Law.”