所有权保留买卖作为现代民法权利分化的一种现象,在买卖双方以及第三人之间是一种独一无二的利益平衡方式。然而,国内所有权保留买卖合同标的物风险的移转没有明确规定,可以按照交易时的环境和条件,由能够控制风险的一方当事人承担标的物转移毁损、灭失的风险,较能实现当事人的利益平衡。 As a phenomenon of the differentiation of the rights of modern civil law, the retention of sale of ownership is a unique balance of interests between buyers and sellers as well as third parties. However, there is no clear regulation on the transfer of risk in the subject matter of the contract for the retention of title in the domestic market. The party that can control the risk can assume the risk of transferring the damage or loss in accordance with the environment and conditions at the time of the transaction, and can balance the interests of the parties more .