The Research On The Ownership Of Goods In The Contract Of Sale Involving Carriage

The “agent consignment” in judicial practice is the so-called sale involving carriage.As a common form of transaction in international and domestic sales,this type of trade indicates that the seller has no delivery obligation,but must follow the agreement or trading habits of the party,handle the consignment on behalf of the buyer and deliver the goods to the first carrier.Although article 23 of China's Property Law provides the time for the change of the movable property rights,there are still different views on the issue of when the ownership of the goods in sales involving dispatch is transferred.The paper will start from the actual case,discuss the problems and reasons in the judicial practice,and explore the ownership of the subject matter within the legal framework.The article consists of three chapters.The first chapter summarizes the two viewpoints of judicial practice on the change of ownership of goods in sales involving carriage through case searching.The first type considers that delivery to the carrier is delivery to the buyer,while the second type considers that the ownership of the goods changes when it reaches the buyer.The differences in the above views are related to the application of the law.The second chapter analyzes the root causes of the above-mentioned differences,and summarizes the following reasons: Firstly,there are defects in the current legislation in china,which leads to confusion in judicial practice.Secondly,there is a controversy over the above issues in theory,and no unified understanding has yet been formed,including affirmative and negative views.The third chapter is the viewpoint of this article.The first part is a rebuttal to the reasons for negation.The second part is the explanation of the meaning of “delivery” under sales involving carriage.This section analyzes the legal relationship and risk burden rules of the parties and believes that the buyer has already obtained the goods when they are delivered to the carrier.Delivery to the carrier can therefore be interpreted as a “delivery” in the sense of the property law.In the last part,the article once again demonstrates the rationality of affirmation from the perspective of practical consequences.