[Direct answer]In the Beijing area, the delivery principle stipulates that the risk of damage or loss of the subject matter shall be borne by the seller before delivery and by the buyer after delivery, regardless of whether the ownership has been transferred—this is the basic rule of Article 604 of the Civil Code. There are specific rules for special scenarios: the risk transfers to the first carrier when the goods need to be transported; the risk transfers to the buyer when the goods are sold during transit after the contract is concluded; and the risk transfers back to the seller if the buyer refuses to accept the goods due to a fundamental breach of contract caused by the quality of the subject matter.

1. Problem background and typical scenarios

The goods were involved in an accident on the way, the warehouse caught fire and the unclaimed goods were burned, and the goods arriving at the port were soaked by seawater — the first question after the subject matter suffers an accident is "who should bear the loss". If there are no risk clauses in the contract between the buyer and the seller, the dispute will start from here.

II. Key points of dispute

First, the determination of delivery: physical delivery and constructive delivery. Second, the separation of ownership and risk: the retention of ownership does not affect the transfer of risk. Third, special scenarios: transportation sales, sales in transit, and delayed acceptance. Fourth, the transfer of risk in the event of a quality breach.

III. Professional analysis by Henglue Lawyers

First, the baseline rule: Article 604 of the Civil Code establishes the delivery doctrine - the risk transfers with delivery, unaffected by ownership. A typical scenario is the sale with retained ownership (when the car loan has not been paid off but the car has been delivered). Even though the ownership remains with the seller, the risk of a car accident causing damage shifts to the buyer once the car is in the buyer's possession. The form of delivery matters: in addition to actual delivery (handing over to the buyer), fictional delivery also triggers risk transfer - the delivery of property rights certificates such as bills of lading and warehouse receipts constitutes delivery; when the seller hands over the goods to the first carrier, the risk transfers to the buyer (Article 607). The seller's shipment does not mean the risk has not transferred. Second, specific scenarios detailed article by article: For goods requiring transportation, the risk transfers to the buyer once the seller delivers the goods to the first carrier according to the contract, and the buyer shall claim compensation from the carrier for any damage. For goods sold during transit (e.g., CIF trade), the risk transfers to the buyer from the date of contract formation (Article 606), meaning the buyer purchases the goods "on the way". If the buyer breaches the contract by refusing to accept the goods, the risk transfers to the buyer from the date of breach (Article 605), indicating that intentionally delaying pickup cannot shift the storage risk to the seller. Third, reversal of quality breach liability: If the quality of the goods fails to meet the contract requirements and thus prevents the contractual purpose from being achieved, and the buyer refuses to accept the goods or terminates the contract, the risk remains with the seller (Article 610) - quality breach prevents the normal transfer of risk, and the seller cannot use the excuse of "the goods have been shipped". Fourth, practical guidance: Clearly specify the delivery location, delivery method, and risk transfer points in the contract (e.g., factory delivery vs. delivered at the destination, which makes a world of difference in risk attribution). Purchase insurance during transportation (align with risk transfer points). For large-scale transactions, link acceptance clauses with risk provisions - ensure acceptance certificates and risk transfer provisions are consistent to prevent indefinite seller risk exposure due to delayed acceptance. For dispute resolution, collect evidence such as delivery notes, logistics documents, acceptance records, and damage site photos/appraisal reports according to risk transfer points. In Beijing's high-intensity trade and e-commerce environment, risk transfer clauses are mandatory review items for contracts. It's better to lock in risk transfer points at contract signing rather than addressing them after disputes arise.

IV. Practical suggestions and legal basis

The first step is to write the nodes: clarify the delivery location method and risk transfer clauses word by word; the second step is to arrange insurance: purchase transport insurance that matches the risk nodes; the third step is to keep the documents: keep records of the entire delivery, logistics, and acceptance process; the fourth step is to check the quality: raise quality objections and reject the goods in writing in a timely manner to lock in the risk transfer. The main legal basis: Articles 604, 605, 606, 607, and 610 of the Civil Code of the People's Republic of China; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

There are three key points regarding risk transfer: risk follows delivery, not ownership; retaining ownership cannot prevent risk transfer; goods in transit assume risk once a contract is signed; and delay in acceptance results in self-inflicted consequences. Quality breaches serve as a risk brake, while rejection of goods terminates the risk transfer. For those involved in risk clauses of sales contracts, they can refer to the following resources for further clarification:Business and contract disputes in enterprisesWe provide a comprehensive solution for services, which involves the integration of engineering and real estate deliveryReal estate transactions and construction projectsFor reference, you can check the sections related to cargo damage claims and enforcementCreditor's rights and debts, and enforcement casesFor reference, you can review the contract risk system when dealing with platesSpecialised legal services板块。

VI. Frequently Asked Questions

Q1: If the goods are still in the carrier's possession when they are burned, who should bear the responsibility?

When the consignor arranges for the delivery of the goods by a first carrier, the risk is transferred to the first carrier, and the buyer shall bear the responsibility of claiming compensation from the carrier or the insurer afterwards.

Q2: If the car is burned before the installment car loan is fully repaid, who will bear the responsibility?

According to the principle of delivery, the buyer shall bear the risk after the vehicle has been delivered, and the retention of ownership does not affect the transfer of risk.

Q3: If the buyer delays in taking delivery of the goods, who will bear the risk?

From the date on which the buyer fails to accept the goods in accordance with the agreement, the risk shall be borne by the buyer.

Q4: Is there any risk of a refund if I find quality issues after receiving the goods?

If the quality of the goods does not meet the requirements of the contract, resulting in the failure to achieve the contractual purpose, rejection of the goods, or termination of the contract, the risk shall be borne by the seller.

Q5: Can a contract change the statutory risk rules?

Yes. Risk transfer rules are mostly discretionary norms, and if the contract stipulates otherwise, the provisions of the contract shall prevail.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Business and commercial legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.