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在国际货物买卖中,为了确定货物能否被有效地视作支付货款的保证物,最频繁地出现关于所有权转移的问题。所买卖的货物,在完全为种类物的意义上,是未经确定货物的,所有权在货物被确定之前不能转移;而即使货物是特定物,在国际货物买卖情况下,所有权通常在合同订立时将不会转移。在涉及国际货物买卖的案件中,英国法院常常强调所有权当意欲其被转移时而转移这一普遍规则。为了转移所有权,卖方必须意欲不仅使自己负有契约性地交付一宗特定货物的义务,而且把那些货物“无条件地”划拨到合同项下。与国际货物买卖有关的卖方必须意欲“无条件地”划拨货物的规则,主要指的是他必须未保留对货物的“控制”或“处置权”而划拨货物的要求。卖方可以通过合同条款或划拨条款保留处置权到某些条件得到满足为止。最常见的条件实际上是,应向卖方支付货款,或应向卖方充分保证支付货款。在国际货物买卖中,所有权转移主要取决于合同的条款、货运单证的形式以及曾经处理单证的方式。
In the international sale of goods, the issue of the transfer of ownership arises most frequently in order to determine whether the goods can be effectively treated as a guarantor of the payment of goods. The goods bought and sold, in the sense of being entirely kiosk, are unidentified goods, the ownership of which can not be transferred until the goods are identified; and even where the goods are of a particular nature, in the case of the international sale of goods, ownership is usually established when the contract is concluded Will not be transferred. In cases involving the sale of international goods, English courts often emphasize the general rule that ownership transfers when it is intended to be transferred. In order to transfer ownership, the seller must be willing to not only incur the obligation to contractually deliver a particular good, but also to assign those goods “unconditionally” to the contract. A seller involved in the international sale of goods must be willing to “unconditionally” rule in the transfer of the goods, mainly referring to the requirement that he must not assign the goods without “controlling” or “disposing of the goods.” The seller may reserve the right of disposal through the terms of the contract or the terms of the transfer until certain conditions are met. The most common condition is that payment should be made to the seller or the seller should be fully guaranteed to pay the purchase price. In the international sale of goods, the transfer of ownership depends mainly on the terms of the contract, the form of the shipping document and the means used to process the document.