Who will bear the losses caused by natural disasters in the house?

Houses damaged by natural disasters are usually the responsibility of the owners themselves. If the insurance company is responsible for buying insurance, you can look at the compensation limit for natural disaster losses in the contract. If the paid house overhaul fund meets the requirements, find a property company in overhaul fund to apply for renovation, and you can also apply for government subsidies after natural disasters. According to the contract, if the insurer thinks that the relevant certificates and materials are incomplete, it shall promptly notify the applicant, the insured or the beneficiary to provide supplementary materials at one time.

1. According to Article 142 of China's Contract Law: "The risk of damage or loss of the subject matter shall be borne by the seller before delivery and by the buyer after delivery, except as otherwise provided by law or agreed by the parties." The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of disputes over commercial housing sales contracts.

Paragraph 2 of Article 11 of the Judicial Interpretation of Commercial Housing Sales (hereinafter referred to as the Judicial Interpretation) stipulates: "The risk of damage or loss of the house shall be borne by the seller before delivery and by the buyer after delivery". The first paragraph of Article 11 of the Interpretation also stipulates: "If the house is transferred and occupied, it shall be regarded as the delivery of the house, unless otherwise agreed by the parties."

Therefore, the risk of damage or loss of the purchased house shall be borne by the seller before delivery and by the buyer after delivery. As long as there is no special provision in the law or no special agreement between the parties, this principle should be applied to the rule that risk is transferred with delivery. In judicial practice, it is necessary to accurately understand delivery as the standard of risk transfer.

First, the application of risk transfer must be based on the premise that there are no other provisions in the law or other agreements between the parties.

Second, delivery must be based on the performance of a valid sales contract. If the buyer has the subject matter when concluding the sales contract, it shall be deemed as delivery.

Third, the transfer of risk is completed as the delivery of transfer possession, and it does not need to involve whether the buyer recognizes the seller's performance or the quality of the subject matter.

Fourth, risk transfer occurs independently and has nothing to do with ownership transfer. Even if the delivery of ownership is retained, or the subject matter is out of possession without the intention of the obligee, or the seller fails to make the buyer acquire ownership after delivery, it will not affect the transfer of risk. Fifth, the defects of things do not affect the transfer of risks.

Specifically, if the developer has not delivered the house to the purchaser, and the house is damaged or lost in the earthquake, the developer will bear the risk; If the developer has delivered the house to the purchaser, the purchaser shall bear the adverse consequences.