Ownership of the goods must be transferred from the seller to the buyer when the buyer acquires the ownership rights of the goods and related obligations. „Property of goods,“ that is, ownership of goods, differs from „possession of goods,“ i.e. physical preservation or control of goods. In the event of an agreement to sell specific products or specific products, the resulting ownership is transferred to the customer at the time of the transfer of the goods by the parties [section 19, paragraph 1]. The intent of the parties involved must be determined – if you sell to a consumer who informed you before the contract was concluded that it is important for you to deliver on the agreed date, or if circumstances permit, the consumer can terminate the contract if you do not deliver on time. You can also terminate the contract immediately if you refuse to deliver the goods. In other circumstances, the consumer may indicate a delivery time to give you a second chance to deliver the goods, and then terminate the contract if you do not deliver during that period. It is important to indicate in the contract when the buyer has to pay for the goods. The law provides that the payment is entirely due to the delivery of the goods, unless you agree on other conditions.
You can change that and think about issues such as: transfer of ownership is not the same as transferring ownership of the goods – you might agree to transfer the property at another time. If an unpaid seller uses his pawn or stop-shipping rights and sells the goods to another buyer, the second buyer gets a good property against the original buyer. In such a case, the title is therefore transferred. `A` sells 500 pounds of rice to `B` and the rice is put in the seller`s Gunny pockets and the words `buyer waiting orders` are added to Gunny bags with buyer`s address. It was decided that, despite the fact that the goods were in a state of delivery, the property had not changed ownership because the buyer did not yet have consent to this ownership. Even if you both intend to fulfill the obligations of the contract, it is always best to agree on what should happen if the buyer does not pay on time. This way you can avoid possible arguments in the future. In a typical merchandise contract, you can include one of the following conditions if the buyer does not pay on time: the legal commission recently launched a consultation on a bill to reform the rules for the transfer of property ownership. In this article, we explain that the proposed reforms and the issues raised in the consultation paper.
A Latin maxim says: `The Nemo dat quod non habet.` This is the fundamental principle of the transfer of ownership. Section 27 to 30 of the Sale of Goods Act, 1930 contains laws on the transfer of ownership. The Latin maxim says that no one can give what they don`t have. If you are the seller, you can increase the price if your expenses increase between the date of the contract and the delivery date. It may be a good idea to put a clause in the contract to sell goods to reflect that. Delivery to the forwarder [Section23 (2)] – If the seller delivers the goods to the carrier for delivery to the buyer and does not reserve the right of control, the property is transferred to the buyer. The carrier is the buyer`s representative and delivery to the buyer represents a risk. The property is also sold to the buyer if the goods are not returned to the seller. It is also a tacit acceptance of the goods. If you include a property reserve clause in the contract, the buyer will not own the goods until they have paid you. If you have agreed to a term of credit at a commercial sale, you should include this clause in order to recover your property if the buyer does not pay for it on the due date or if you think the buyer is in financial difficulty.