第一百四十二条标的物毁损、灭失的风险,在标的物交付之前由出卖人承担,交付之后由买受人承担,但法律另有规定或者当事人另有约定的除外。
The risk of damage to or loss of the subject matter is borne by the seller prior to delivery, and by the buyer after delivery, except otherwise provided by law or agreed by the parties.
规制此种风险应由谁承担的制度就是合同法上的标的物毁损灭失风险负担制度。
Structure the risk by who system that undertake whether subject matter of contract law damage, lose risk bear the system.
如果菲斯曼将运输在途的产品出售给买方,则产品毁损、灭失的风险自产品销售合同成立时起由买方承担。
If the Products are sold to the Buyer in transit, the risks of damage and loss of the Products shall be borne by the Buyer as from the time of formation of the Sales Contract.
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