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Part X Transfer of Title, 39 Transfer of Title

From: Global Sales and Contract Law (2nd Edition)

Ingeborg Schwenzer, Edgardo Muñoz

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 October 2023

Choice of law — Applicable law and transfer of title — Contract and transfer of title — Delivery and transfer of title — Documents of title — Interests and terminology and transfer of title — Passing of property — Registration requirements for transfer of title — Types of approach and transfer of title

This chapter expounds on the concept of transferring titles. The transfer of title is ultimately the obligation of the buyer in a sales contract. The transfer of title in the goods sold under a sales contract is central to the parties and their creditors’ interests. The chapter notes the importance of distinguishing legal systems following a unitary approach or a functional approach. It explains the applicable law used in default provisions. The mode of transferring title is also considered on a jurisdiction basis. The chapter also differentiates the buyer’s obligation of transferring titles and the seller’s obligation of delivering goods.

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