国际贸易法chapter24passingofproperty资料.pptVIP

Chapter 2 ITL Contract Laws Unit 4 Transfer of Property and Risks Contents 4.1 Transfer of Property 4.2 The Passing of Risk *Chapter 2 ITL Contract Law Unit 4 Transfer of Property and Risks * 4.1 Transfer of Property 1. Common Law Sales of Goods Act of the U. K. 1.1 Specific Goods The property of specific goods to the buyer at the time when the parties intend it to pass. Specific goods are goods identified and agreed upon at the time the contract is made. 4.1 Transfer of Property Article17. Property passes when intended to pass (1) Where there is a contract for the sale of specific goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. 4.1 Transfer of Property How to ascertain the intention of the parties? the terms of the contract; the conduct of the parties; and the circumstances of the case. 4.1 Transfer of Property Rules for ascertaining intention: Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer. 4.1 Transfer of Property Rule 1.—Where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed. 4.1 Transfer of Property Rule 2.—Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state, the property does not pass until the thing is done and the buyer has notice that it has been done. (the goods are not in the deliverable state) 4.1 Transfer of Property Rule 3.—Where there is a contract for the sale of specific goods in a deliverable state but the seller is bound to weigh, measure, test, or do some other act or thing with reference to