The Research On Property Passing Of Goods In International Sale

With the acceleration of global economic integration, International sale of goods plays an increasingly important role in international trade. Essentially speaking, the sale of goods is ownership of the goods traded, transfer of ownership has become a core issue of sale of goods. It not only determines the attribution of ownership directly, but also relates to the vital interests of both parties, because the event of a transfer of ownership of the goods, the buyer can freely dispose of the goods according to their wishes, but at this time if the buyer bankruptcy, the seller who is failed to recover the debt, will suffer significant losses of economic interests.In the long term international trade transactions, the parties'dispute on this matter is continued. Although all countries stipulate the time of transfer of goods in the form of domestic law, because economic, political, and cultural aspects exist many differences, and there are big differences in national legislation, which would inevitably lead to many conflicts of law. While the countries resolve international conflict of civil law through unified law in bilateral or multilateral international treaties forms, but actually the countries still solve internal conflicts as the main method. The result of the same international civil and commercial cases comes to a different verdict in courts of different countries, but increased the complexity of international civil and commercial disputes.International treaties and conventions make provision for the time, place and conditions of transfer of ownership. The legal uncertainty of transfer of ownership not only increase transaction costs but also go against the security of transactions, thus it is imperative to develope the substantive law of the Convention on the transfer of ownership.This article aims to analyze present laws, and many factors that affect the ownership of goods, the development and solution of transfer of ownership. Paper is divided into five chapters, each chapter are summarized as follows:The first chapter is the general theory of description on the international sale of goods transfer of ownership, including its concepts, international conventions, and relevant regulations. By defining "international", "goods", "ownership" and "ownership", clarifying the scope of the studying objects; By the introduction on the transfer of ownership of international conventions and practice, leading to the object of this paper --- ownership transfer, international conventions and practice show an evasive attitude to this problem which is presenting a kind of uncertainty in the application of law.The second chapter discusses in detail the transfer of ownership of the time limit through the major legislation of various countries. The application of UK Sale of Goods is depend on the provisions that distinguish specific properties trade and non-specific properties trade. The ownership is not transferred to the buyer till Non-specific properties turn into specific properties. The transfer of ownership of goods in the sale of specific properties, which is depended entirely on the intention of both parties. The United States Uniform Commercial Code stipulates the transfer of ownership of the goods at the moment when the seller completes the performance of delivery obligations to the buyer. French Civil Code provides for the establishment of contract for the sale decided to transfer ownership of the goods. Provisions in these countries represent the intent doctrine, concluding contract doctrine and delivery doctrine. By comparison of the three types of legislation, we can see that delivery doctrine is more rational, which leads to research on the transfer of ownership of the goods and delivery in the third chapter.The third chapter has analyzed the transfer of ownership and delivery. Since the delivery doctrine is more reasonable, what does "delivery" mean in the end, what is the nature of delivery, these problems are clearly the key to determine the time of transfer of ownership. Although the countries or regions abide by delivery of doctrine, ownership of the goods transferred till delivery of the goods, however, there is a big difference to the nature of the delivery,the transfer of ownership of goods and the time of transfer is not entirely consistent. German civil law legal system hold that the delivery is an independent contract, which is another relationship which is nothing with the reason, the effectiveness are not influenced by the reasons for behavior. In terms of the sale of goods, contract of sale is a credit behavior, the seller has the obligation on transferring the ownership of the subject to the buyer, but the transfer of ownership occurs, the behavior between the parties must also complete the real right behavior that means deliver. French civil law and common law hold that the delivery is to fulfill obligations, that contract of sale is the cause, that the result is delivery and transfer of ownership of the subject matter. Nevertheless, various countries are learning reasonable legislation from the other cases, which makes compatibility and convergence of legislation possible.The fourth Chapter discusses the ownership reservation which is related to transfer of ownership. Ownership reservation refers to a system that the transfer of ownership of property in the trading of goods, according to the provisions of the law or agreement between the parties, the subject matter of transfer of possession of property owners in the other party, but still retain the ownership of the property, to be paid one or the other party full price or complete a specific condition that the ownership of the property is transferred. The types of ownership reservation include simple ownership reservation, retention of ownership reservation and expansion of ownership reservation. By legislative comparison, we can see that the differences of legal effects between common law and civil law on ownership reservations. With economic development, legislations concerned are gradually improved.The fifth chapter has conceived an idea on uniform substantive law convention of ownership.. It is mainly considered from some aspects, which include respecting the wishes of parties, benefiting the international trade practice, learning the provisions of international treaties and taking full account of the treaty-making forward-looking and inclusive consideration.This paper presents research and demonstration on the international sale of goods in the transfer of ownership and related issues by empirical, comparative, logical and so on, expecting academia and legal profession to attract the attention on this issue, eventually finishing building unified entity Construction Law on transfer ownership of International Sale of Goods. Because theoretical and practical experience is limited, this paper will be inappropriate to modify, hope that experts share more valuable advice on this article.