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Part X Transfer of Title, 40 Transfer of Title by a Non-Owner

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

Ingeborg Schwenzer, Edgardo Muñoz

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
14 June 2022
ISBN:
9780198871255

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 01 June 2023

Subject(s):
Contract — Goods — Contract and transfer of title — Documents of title — Interests and terminology and transfer of title — Passing of property

This chapter explains the transfer of title by a non-owner. Buyers looking into reselling their purchased goods will be placed under sales contracts as sellers. In a commercial environment, buyers demand that their reliance on becoming the owner or authorized reseller be protected. Situations involving the sale of goods encumbered with third party rights are discussed separately in the context of legal defects. The state of awareness of buyers differs among legal systems. Nemo Dat rule, on the other hand, favors the rights of the original owner which is employed by common law legal systems. The chapter includes the protections of bona fide recipients as well.

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