The Research On The Transfer Of The Cargo's Proprietary Rights In The International Trade

The transfer of the cargo's proprietary rights which involves the benefits of the trade partners is the essence of the cargo business in the international trade. But presently, the academic studies reach no unanimous understanding on this legal matter. The main reason for this legal matter lies in different laws on proprietary rights transfer in different countries and no unanimous international regulation, so it leads to uncertainty and complexity in solving the dispute of trade partners in the international trade and impedes the development of the international trade.The author thinks that the regulation of the proprietary rights transfer differs in the Civil Legal System and the Anglo-American Legal System and varies a lot in different countries in the same legal system. Generally speaking, in France, so long as the round turn reaches an agreement, the cargo proprietary rights will be shifted without other exterior behaviors. In Germany, business contract itself cannot shift the proprietary rights. In England, the cargo proprietary rights will be shifted after the cargo is specific. In US, the cargo proprietary rights will be shifted in delivering the cargo after the cargo is specific. In China, it is similar with that in US.In the international trade, when the cargo property rights and the risk have been shifted involves the round turn interest directly, because it affects the security of the receipt of payment and of taking delivery of goods and also relates the responsibility of the cargo loses, the damage. The proprietary rights and the risk do not relate necessarily.Not only the buyer accepting to the cargo relates the cargo risk shift correlation, namely when seller delivery thus the basic violation causes the buyer to refuse to accept the cargo to the risk shift influence, moreover affects the cargo property rights shift.The buyer's acceptance of the cargo not only associates the risk shift, which means that the buyer's rejection affects the risk shift because the seller violates the contract when delivering the cargo, and influence the transfer of the cargo proprietary rights as well. But in the international trade, the seller conditions the payment on the ownership of the cargo, so before the receipt invoice, once the proprietary rights are shifted to the buyer, the seller will in a passive condition if there are some sudden events such as the buyer's violation of the contract or bankruptcy. It is commonly carried and acknowledged by the majority of countries that the seller insists the reservation of the proprietary rights in the contract in order to protect his own interest.The bill of lading as a delivery certificate, ensures the well-intentioned holder the right of asking for the cargo. The way of transferring the proprietary rights by electronic bill of lading encounters general legal matter caused by electronic business and also whether the electronic bill of lading can equally function as the original bill of lading. Presently, there have been some laws and practices abroad, however, the final solution needs a gradual process.