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课程主页: https://www.udemy.com/course/business-law-transfer-of-ownership-and-delivery-of-goods/
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课程名称：商业法 - 所有权转移与货物交付 课程概述： 第二章：1930年《销售商品法》 单元3：所有权转移与货物交付 学习目标： 1. 理解商品销售合同中，何时以及如何将货物的所有权从卖方转移给买方。 2. 清楚了解货物的占有如何影响所有权的转移。 3. 区分所有权的转移和所有权的转让。 4. 理解“nemo dat quod non habet”（无权转让他人所无之物）及其例外情况。 5. 熟悉关于货物交付和接受的相关规则。 介绍： 商品销售涉及从卖方到买方的财产所有权转移。明确所有权何时转移至关重要，因为一般规则是风险与财产同时转移。在货物损坏或丢失的情况下，损失的负担由在货物损失或损坏时的所有者承担。卖方仅在财产转移给买方后才可提起价格索赔。 总结： 货物的所有权或对货物的享有权将在确定、占有和交付货物的某些时刻转移给买方。货物损失的风险一般与财产转移相随，货物在卖方的风险下，除非财产已转移给买方。一旦财产转移给买方，货物即使尚未交付，也由买方承担风险。关于货物所有权转让的重要规则是，买方所获得的所有权并不优于卖方原有的权利，但在某些情况下此规则不适用。货物的交付意味着自愿转移占有，可以是实际交付或某种构建设交付，且取决于各种规则来决定何时交付生效。
Chapter 2: The Sale of Goods Act, 1930UNIT - 3: TRANSFER OF OWNERSHIP AND DELIVERY OF GOODSAfter studying this unit, you would be able to understand- 1. Understand how and at what point of time the ownership in goods which are the subject matter of a contract of sale passes to the buyer from the seller. 2. Be clear about what appropriation of goods is and how it affects the passing of property in goods. 3. Distinguish between passing of property and passing of title. 4. Understand the rule of ‘nemo dat quod non habet' (no one can give what he has not got) and exceptions thereof. 5. Be familiar with the rules relating to delivery of goods and acceptance of goods.INTRODUCTIONSale of goods involves transfer of ownership of property from seller to buyer. It is essential to determine the time at which the ownership passes from the seller to the buyer. Importance of the time of transfer: The general rule is that risk prima facie passes with the property. In case where goods are lost or damaged, the burden of loss will be borne by the person who is the owner at the time when the goods are lost or damaged. Where the goods are damaged by the act of the third party, it is the owner who can take action. Suit for price by the seller can be filed only when the property has passed to the buyer.SUMMARYThe property in the goods or beneficial right in the goods passes to the buyer at a point of time depending upon ascertainment, appropriation and delivery of goods. Risk of loss of goods prima facie follows the passing of property in goods. Goods remain at the seller's risk unless the property therein is transferred to the buyer, but after transfer of property therein to the buyer the goods are at the buyer's risk whether delivery has been made or not. An important rule regarding passing of title in goods is that the purchaser does acquire no better title to the goods than what the seller had. This rule again is not applicable under certain circumstances. Delivery of goods denotes the voluntary transfer of possession, which may be actual or even in some constructive form and which is again subject to various rules which help in deciding when the delivery becomes effective.
