对传统民法买卖合同风险承担前提的质疑

传统民法将买卖合同风险承担的前提归结为合同的成立。但是在买卖合同成立后生效前，双方当事人并没有确立确定的债权债务关系，也就谈不上风险承担问题。买卖合同风险承担的前提应为合同的生效，只有在合同生效后，才产生确定的债权债务关系，风险承担才有意义。

Query on Premise of Risk-Burden in Sale- Contract in Traditional Civil Law

In accordance with traditional civil law, the risk - burden of sale contract shall be based on the establishment of the contract. However, during the period of after the establishment and prior to the effective- ness of contract, the relationship between the parties to the contract is still uncertain, let alone the matter of risk assumption. It is contended that the significance of risk assumption lies in the certainty of the rights as well as obligations of the parties, which can only result from an effective contract.