39.01 Under Roman law the transfer of title was not an obligation of the seller.1 As discussed earlier in this work, today it is universally recognized that in addition to the delivery of the goods the seller must transfer title, or cause title to pass, to the buyer.2 The transfer of title is now considered a main and characteristic obligation in a sales contract.3 At the international level both the CISG and the DCFR require the seller to transfer title under a sales contract.4 Although a detailed consideration of the transfer of title is beyond the scope of this...
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