The Research On Property Passing Of Goods In International Sale

With the development of economic globalization,the role of the international sale of goods in international development is also growing. It has become an important growth point of national economies. In international connection, no country could not participate in the International Sale of Goods and develop isolatedly. Therefore, the international sale of goods in international development and international connection occupy a very important position.Sale of goods is essentially a sale of ownership, in the international sale of goods is also true. In sale of goods, the seller's purpose is to transfer title of the goods to get the value of the goods, that price; and the buyer hopes to get tittle of goods by the payment of goods. Obviously, the sale of goods actually is the sale of the ownership of the goods. There is absolutely no sale that the ownership of the goods is not tansfered, because this violates the essence of trading.In the sale of goods, when ownership the goods transfers to the buyers is very importance for both buyers and sellers. For example,when the seller transfers the goods to the buyer who only holds the goods, and then the seller sells the goods to a third person, when the transfer of ownership of the goods is very important to the buyer. When one party goes bankrupt, it has very important significance to the buyer and the seller when the ownership of the goods transfers to the buyer. However, international conventions and international practice have little or no transfer of ownership requirements in the international sale of goods. when the above-mentioned problems appears, the party have to invoke the rule of conflict,appeal to the domestic law of remedies, but to when the transfer of title to the goods, national laws taken various legislative pattern, so that makes the same case in different countries have different verdict,which increases the complexity of international trade and also increases the transaction costs and the difficulty that the parties choose the applicable law.The importance of transfer of ownership in international sale of goods, the conflict of countries of domestic law and the ambiguity of the provisions of the international conventions and international practice, which shows the necessity of enacting Convention on the Law of the transfer of ownership in international sale of goods. Additionally, delivery doctrine has stronger rationality than the other legislation pattern, making more and more countries have adopted the delivery of goods doctrine in the form of transfer of ownership, and even with the legislation of other countries, but also through the exception closer to the delivery doctrine. This provide the possibility of the Convention on the Law of the transfer of ownership in international sale of goods. Thus, the uniform substantive law of the tittle passing in international sale of goods is imperative.This paper aims to put forward a proposal of building the uniform substantive law conventions of transfer of ownership of goods in international trade by introducing national legislation on transfer of ownership of goods cases, analying their advantages and disadvantages of the transfer of ownership and many factors affecting the proposed transfer of ownership of. This paper has four chapters, each chapter summarized as follows:The first chapter introduces the concep and the importance t of transfer of ownership, and international conventions and international practices relating to transfer of ownership regulationst.The above analysis shows the importance of transfer of ownership, and the lack of international convention and international practice, all these pave the way on introducing transfer of ownership of national legislation pattern and discussing their legitimacy and building the uniform substantive law of the tittle passing in international sale of goods.The second chapter introduces and analysis the time the transfer of ownership of national legislation, points out the advantages of countries and shortcomings, in order to lay the foundation for formulating a unified substantive law. Through analysis and evaluation, we know that delivery of doctrine is a more reasonable legislative cases, and has been adopted by more and more countries. This offers the possibility of the uniform substantive law of the tittle passing in international sale of goods.The third chapter analys the relevant factors oftransfer of ownership in the international sale of goods, mainly the delivery, retention of title, bill of lading. Points that in different countries, even adopt the same legislation,also have different understanding of the nature of the above factors,the theory and legislation of transfer of ownership will come to different conclusions. Therefore, this chapter describes and evaluates above factors for countries and reachs the mainstream point of the nature of the factors, to provide a theoretical basis to build the uniform substantive law of the tittle passing in international sale of goods.Chapter four is the conclusion chapter. By analysis of the above discussion, drawing on the relevant view of ownership and combining with the factors that affect the transfer of ownership, put forward the main contents of the uniform substantive law of the tittle passing in international sale of goods.