货款未付卖方的权利.docxVIP

货款未付卖方的权利 　　Introduction：A transaction is referred to the property in goods have transferred from sellers to buyers. During the period of trading, seller and buyers have different duties and rights respectively. The property in goods will influence the rights of sellers substantially. It is necessary to identify the disparity of rights before a transaction is proceeded. On the other hand, generally, the payment will be made after receiving the goods by the buyers regardless of the ways of delivery. In the following statement, the point will be the rights available to an unpaid seller against the goods under different circumstances.　　Common scenarios　　During a transaction, the property in goods has transferred from seller to buyer, which means that the risk against goods has also consigned to buyer. Whether the transaction adopts FOB or CIF, under this circumstance, the rights of unpaid seller against the goods can be concluded as followed:　　Right of Lien　　The lien is the right to retain possession of goods until the amount owed by buyer has paid. An unpaid seller, who is in possession of goods, is entitled to retain them until the payment is downed. As a matter of fact, the lien should be exercised under the circumstances where1.The goods have been sold without any stipulation to credit2.The goods have been sold on credit, but the term of credit has expired.3.The buyer becomes insolvent[1].　　Selling the goods on credit, the right of lien shall remain suspended over the period of credit and shall revive on the expiry of that period. The right of lien is linked with possession of the goods and not with the title. It is not affected even if the seller has transferred the property of goods to the buyer. Some experts claimed that the seller’s lien has expired and the goods should have passed to buyers if the buyer has further transferred the property to another bona fide purchaser, which can be concluded to several reasons. First, the lien, is a righ