提單的交付與貨物所有權(quán)轉(zhuǎn)移的法律適用外文翻譯-其他專業(yè)-全文預(yù)覽
【正文】 ership in the goods in the international accounting. When the bills are in the hand of the bank, whether the goods are owned by the seller or by the buyer should be judged by the way of accounting and the circumstances at that time. The transferring of the ownership of goods through the transfer of electronic bills is first confronted with the general problem brought about by electronic trade. Second, it is confronted with the special problem in the law to the electronic bills that whether theelectronic bills can fulfill the functions executed by the paper bills. There are some international rules and practices about the electronic bill at present. To settle these problems in the law, however, may be a gradual process. China should stipulate the effect of the transfer of bills clearly in her legislation for the purpose of providing clear guidance of law to the international trade and harmonizing with Maritime Law. We should also catch the chance to set the rules of electronic bills in order to adapt to and promote the development of foreign trade. The transfer of the cargos 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 plexity 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 AngloAmerican 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 buyers acceptance of the cargo not only associates the risk shift, which means that the buyers 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,
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