Analysis In The International Sale Of Goods Ownership Transfer

Along with the global economic international process accelerates, the position of international trade of goods has become more and more important,which occupied in the field of today's international trade of goods. In the international trade of goods, when will the ownership be transferred is an important issue. Ownership of the goods is the foundation for seller to manage their goods and ask for the price. And seller also has the obligation to transfer the ownership. Fundamentally speaking, the trade of goods is the trade of ownership, which plays as a pivotal role in the international trade of goods. Almost all countries'law in the goods trade area allows the parties have agreement on the time of transfer of ownership.But in real process of goods trade, it is not so common for buyers and sellers to be sure about the time when the ownership transferred in the contract.Every country has the law stipulates the time when ownership transfer for the circumstances the parties did not make provision for the time to transfer the ownership. Although every country'law is different, and international norms also avoids to talk about it, but the trend to coordinate transfer of ownership is very obvious, to use the deliver, or to move closer to the deliver. It provides a possibility for coordination of national legislation, and the trend to unify first emerged. But descriptions are necessary: not delivery of the goods must be produced on the transfer of ownership of the goods. In the international trade of goods, transfer of ownership is affected by many factors, such as the flaw of ownership, risk transfer, retention of ownership as well as stoppage in transit, and many other factors, which led to the laws on transfer of ownership, have so many differences. These negative factors is also a serious obstacle to development of the world economy, therefore, formulate a unified entity that transfers ownership of the Convention on the Law has also imperative cause.The full text has four chapters, about 36,000 words, totally.In this paper, the first chapter introduced of the concept of ownership and transfer of ownership and their importance. And on this basis, gave an analysis on the importance of transfer of ownership in the international trade. To this end, by way of giving examples, to explain the countries pay a great attention to transfer of ownership issues. However, although countries have taken note of the importance of transfer of title in the international trade, the time of transfer of ownership is still not unified. This under the bedding for later analysis on the time of transfer of ownership and to discuss the rationality of their respective issues.Chapter II of this article details the different requirements of national laws on the time of transfer of ownership in the two legal systems, and introduces of the lack of provisions on this issue in international conventions and practices, concisely.When introducing the provisions of laws comes from different countries, it gives an analysis of their respective reasonable and weaknesses, and focused on the requirements in our country and in Taiwan Area. We get the conclusion at last that, "deliver is one more reasonable system design to deal with transfer of ownership." At the same time, the principle of delivery is being used by more and more countries, because of its rationality. Countries have made the convergence of the compromise for mutual international trade can be carried out smoothly, which also prepare the conditions for formulating a unified international entities of the Convention.Chapter III of this article analyses relations between the transfer of ownership of the goods and other important trade factors in the international trade. Transfer of ownership of the goods is not only a party of important powers and important obligations, but also closely related to the other legal situation. Therefore, transfer of title is also impacted by these important factors. This chapter mainly discusses how the flaw of ownership, the passing of risk and the stoppage in transit have an impact on the time of transfer of ownership.Chapter IV of this article is conclusions, and also the focus of this thesis. Through the analysis above-mentioned on the status of the ownership transfer and its factors have an important impact, come to the countries take the attitude of convergence and there is the possibility of reunification. And on this basis proposed by the international unification of substantive law and the problems the draft Bill should pay attention to.