1979年《货物买卖法》SALE OF GOODS ACT 1979
PART I CONTRACTS TO WHICH ACT APPLIES
第一部分 法所适用之合同
1. Contracts to which Act applies
1、本法所适用之合同
(1) This Act applies to contracts of sale of goods made on or after (but not to those made before) 1 January 1894.
(1) 本法适用于订立于1894年及之后(而非适用于之前)的货物买卖合同。
(2) In relation to contracts made on certain dates, this Act applies subject to the modification of certain of its sections as mentioned in Schedule 1 below.
(2)有关特定日期订立之合同,如本法在下面附表1中提及的一样,须将某些特定条款作修正之后才可以适用。
(3) Any such modification is indicated in the section concerned by a reference to Schedule 1 below.
(3)任何这样的修正均可通过下面的附表1在有关的条款中得到指示。
(4) Accordingly, where a section does not contain such a reference, this Act applies in relation to the contract concerned without such modification of the section.
(4)因此,某一条款若不含有这样的指示,本法适用于此条款中不包含这样修正的相关合同。
PART II FORMATION OF THE CONTRACT
第二部分 合同的形成
Contract of sale 买卖合同
2. Contract of sale
2. 买卖合同
(1) A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.
(1)买卖合同是买方提供货币约因(称为价格),而卖方转移或承诺转移货物财产的一种合同。
(2) There may a contract of sale between one part owner and another.
(2)亦可能有财产部分所有人与另一部分所有人之间的买卖合同。
(3) A contract of sale may be absolute or conditional.
(3) 买卖合同可是无条件的或附条件的。
(4) Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contact is called a sale.
(4)买卖合同中,货物财产从卖方转移至买方,这样的合同是买卖合同。
(5) Where under a contract of sale the transfer of the property in the goods is to take place at a future time or subject to some condition later to be fulfilled the contract is called an agreement to sell.
(5)买卖合同中,货物财产的转移若在将来的某个时间发生、或在以后须附有某种条件才可以完成,则这样的合同称为销售协议。
(6) An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred.
(6)在时间消逝后或附加的条件成就、货物财产即时转移的情形下,销售协议就成为了买卖合同。
3. Capacity to buy and sell
3、买卖能力
(1) Capacity to buy and sell is regulated by the general law concerning capacity to contract and to transfer and acquire property.
(1)买卖能力依照有关订立合同的能力以及转移或取得财产的能力之一般规定为准。
(2) Where necessaries are sold and delivered to a minor or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price for them.
(2)将必须品出售并交付给未成年人或由于智力残疾或醉酒而不能胜任订立之人,卖方必须给予他们合理的价格。
(3) In subsection (2) above 'necessaries' means goods suitable to the condition in life of the minor or other person concerned and to his actual requirements at the time of the sale and delivery.
(3)第(2)款中,上述"必需品"指适用于未成年人或其他有关人员日常生活条件的货物和在出售及交付时其实际需要的东西。
Formalities of contract 合同格式
4. How contract of sale is made
买卖合同如何达成
(1) Subject to this and any other Act, a contract of sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties.
依据本法及任何一法,买卖合同的订立可以是书面形式的(既可需要也可不或是需要签章),也可以是口头的,或是部分是书面的部分是口头的,或是根据双方当事人的默示行为也可以。
(2) Nothing in this section affects the law relating to corporations.
(2) 本节中任何规定不影响关于法人的法律。
Subject matter of contract合同标的
5. Existing or future goods
5、现货或期货
(1) The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by him after the making of the contract of sale, in this Act called future goods.
(1)成为买卖合同标的的货物既可以是卖方所有或持有的现货,也可是买卖合同达成后卖方生产或取得的货物,本法称之为期货。
(2) There may be a contract for the sale of goods the acquisition of which by the seller depends on a contingency which may or may not happen.
(2)可能有货物买卖合同,卖方取得其与否要看是否有意外事件发生。
(3) Where by a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods.
(3)依某一买卖合同卖方意在实现期货的当前买卖,该合同按照货物销售协议实行。
6. Goods which have perished
6、已灭失物
Where there is a contract for the sale of specific goods, and the goods without the knowledge of the seller have perished at the time when a contract is made, the contract is void.
特定物买卖合同中,如在合同订立时卖方并不知道该货物已经灭失,则该合同无效。
7. Goods perishing before sale but after agreement to sell
7、买卖合同订立前、销售协议达成后灭失的货物
Where there is an agreement to sell specific goods and subsequently the goods, without any fault on the part of the seller or buyer, perish before the risk passes to the buyer, the agreement is avoided.
已有特定物销售协议,但如特定物随后在其风险尚未被移转到买受人手中之前灭失,买卖双方又均无过错的,合同无效。
The price价格
8. Ascertainment of price
8、价格的确定
(1) The price in a contract of sale may be fixed by the contract, or may be left to be fixed in a manner agreed by the contract, or may be determined by the course of dealing between the parties.
(1)买卖合同中的价格可由合同确立,也可留着由合同所认同的其它方式确立,或者还可以由双方当事人在交易过程中来确定。
(2) Where the price is not determined as mentioned in subsection (1) above the buyer must pay a reasonable price.
(2) 如价格并未如上述第1款被确定,则买方必须支付某一合理的价格。
(3) What is a reasonable price is a question of fact dependent on the circumstances of each particular case.
(3) 怎样才算合理的价格靠每一特定案件中的具体情况来定。
9. Agreement to sell at valuation
9、估价销售协议
(1) Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party, and he cannot or does not make the valuation, the agreement is avoided; but if the goods or any part of them have been delivered to and appropriated by the buyer he must pay a reasonable price for them.
(1)在销售货物的协议中价格靠第三方估价确定时,而第三方不能或作不出估价时,该协议无效;但是如果全部货物或任何部分货物已交付给买方并被其占用时,买方必须为这些货物支付合理的价格。
(2)Where the third party is prevented from making the valuation by the fault of the seller or buyer, the party not at fault may maintain an action for damages against the party at fault.
(2)在第三方是由买方或卖方的过错而被阻止不能作出估价时,无过错方可提出诉讼向有过错方主张损害赔偿。
Implied terms etc.默示条款等
10. Stipulations about time
10、关于时间的规定
(1) Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not of the essence of a contract of sale.
(1) 付款时间的规定不构成买卖合同的要件, 除非合同条款之中表示了相反的意思。
(2) Whether any other stipulation as to time is or is not of the essence of the contract depends on the terms of the contract.
(2)(除付款时间规定外)的其它时间规定是否构成合同的要件,决定于整个合同的条款。
(3) In a contract of sale 'month' prima facie means calendar month.
(3) 买卖合同中的"月"按表面意为日历中的一个月。
11. When condition to be treated as warranty
11、条件条款被视为担保条款
(1) This section does not apply to Scotland.
(1)本条规定不适用于苏格兰。
(2) Where a contract of sale is subject to a condition to be fulfilled by the seller, the buyer may waive the condition, or may elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated.
(2)买卖合同须经卖方成就某一条件时,买方可以放弃这一条件,也可决定将违反条件条款视为违反担保条款,而不将之视为否认合同有效的理由。
(3) Whether a stipulation in a contract of sale is a condition, the breach of which may give rise to a right to treat the contract as repudiated, or a warranty, the breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated, depends in each case on the construction of the contract; and a stipulation may be a condition, though called a warranty in the contract.
(3)无论买卖合同的规定是条件条款(违之将导致拒绝履行合同),还是担保条款(违之将导致向对方主张损害赔偿,但无权拒收货物而否认合同有效),在具体案例中要根据对合同的解释做出判断:是条件条款还是保证条款;某一规定可能是条件条款,尽管它在合同中被称作保证条款。
(4) Subject to section 35A below where a contract of sale is not severable and the buyer has accepted the goods or part of them, the breach of a condition to be fulfilled by the seller can only be treated as a breach of warranty, and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is an express or implied term of the contract to that effect.
(4)依下列35A款不可分开的买卖合同,且买方已经接受全部或部分货物时,违反应由卖方成就的条件条款只能被视为违反了担保条款,不可将之作为拒绝货物的理由而否认合同有效,除非就该合同的实施另有明示或默示的合同条款。
(6) Nothing in this section affects a condition or warranty whose fulfilment is excused by law by reason of impossibility or otherwise.
(6)本条中任何规定不影响法律所免除的由于合同的履行不能或其它原因所导致的条件条款或担保条款的成就不能。
(7) Paragraph 2 of Schedule 1 below applies in relation to a contract made before 22 April 1967 or (in the application of this Act to Northern Ireland) 28 July 1967.
(7) 下面的附表1第2条适用于1967年4月22日之前签定的有关合同或(在北爱尔兰适用本法)1967年7月28日前。
12. Implied terms about title, etc.
12、所有权默示条款等
(1) In a contract of sale, other than one to which subsection (3) below applies, there is an implied term on the part of the seller that in the case of a sale he has a right to sell the goods, and in the case of an agreement to sell he will have such a right at the time when the property is to pass.
(1) 在货物买卖合同中,除下面第(3)款适用的合同之外,就卖方而言,在买卖合同中对其有一项默示条款即卖方有义务销售货物,同时,在销售协议情况下,卖方在财产转让时享有这项权利。
(2) In a contract of sale, other than one to which subsection (3) below applies, there is also an implied term that-
(2) 在买卖合同中,除下面第(3)款适用的合同之外,还包含一默示条款――
(a) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made, and
(a)货物在直到所有权转移之前,没有且保持没有任何在订约前未向买方披露或买方不知的任何费用或负担。
(b) the buyer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.
(b)买方应能安稳地占有货物,除非是受到了所有人或其他由于披露或已知的任何费用或负担而获益的人妨碍。
(3) This subsection applies to a contract of sale in the case of which there appears from the contract or is to be inferred from its circumstances an intention that the seller should transfer only such title as he or a third person may have.
(3)本款适用于:买卖合同中从合同能够看出或根据合同的情况可以推断出卖方的意思,卖方会仅转移他或第三人拥有的这样的所有权。
(4) In a contract to which subsection (3) above applies there is an implied term that all charges or encumbrances known to the seller and not known to the buyer have been disclosed to the buyer before the contract is made.
(4) 上述第(3)款所适用的合同中,有这样的默示条款即全部为所有人知晓的以及不为买方所知的费用或负担,在合同订立之前已经披露给了买方。
(5) In a contract to which subsection (3) above applies there is also an implied term that none of the following will disturb the buyer's quiet possession of the goods, namely-
(5)上述第(3)款所适用的合同中,还有这样的默示条款即下列三者均不会妨碍买方安稳地占有货物,这三者是:
(a) the seller;
(a)卖方;
(b) in a case where the parties to the contract intend that the seller should transfer only such title as a third person may have, that person;
(b)在这样的情形下,合同的当事人认为卖方应该只转移像第三人也拥有的所有权,这时的第三人。
anyone claiming through or under the seller or that third person otherwise than under a charge or encumbrance disclosed or known to the buyer before the contract is made.
(c)任何通过或从卖方处主张权利之人或其他非在合同订立之前已经披露给了买方或知晓的费用或负担之第三人。
(5A) As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition and the terms implied by subsections (2), (4) and (5) above are warranties.
(5A) 英格兰,威尔士以及北爱尔兰,上述第(1)款所默示的条款是条件条款,由上述第(2), (4) 和 (5)条款所所默示的条款是担保条款。
(6) Paragraph 3 of Schedule 1 below applies in relation to a contract made before 18 May 1973.
(6)下面附表1中的第3条适用于订立于1973年5月18日之前的相关合同。
13. Sale by description
13、凭说明进行的货物买卖
(1) Where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description.
(1)在凭说明进行的货物买卖中,包含有这样一项默示条件即货物应与说明相符。
(1A) As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition.
(1A) 在英格兰,威尔士以及北爱尔兰,上述第(1)条所默示的条款是条件条款。
(2) If the sale is by sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
(2)如买卖既凭样品又凭说明进行,假如货物和说明不相符时,即使整批货物与样品相符,这样的买卖不够充分。
(3) A sale of goods is not prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer.
(3) 并无什么可阻止货物的买卖成为凭说明进行的货物买卖,只因为它们是由买方来选择的。
(4) Paragraph 4 of Schedule 1 below applies in relation to a contract made before 18 May 1973.
(4) 下面附表1中的第4条适用于订立于1973年5月18日之前的相关合同。
14. Implied terms about quality or fitness
14、品质以及适当性默示条款
(1) Except as provided by this section and section 15 below and subject to any other enactment, there is no implied term about the quality or fitness for any particular purpose of goods supplied under a contract of sale.
(1) 除本条、如下第15条规定以及依据其他规定,没有对在买卖合同下提供的货物特意作出关于其品质以及适当性的规定。
(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.
(2)卖方在商业经营过程中出售货物的,有一项默示要件即在合同下提供的货物须具有令人满意的品质。
(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
(2A) 从本法讲,具有令人满意品质的货物就是:如果货物能达到这样的标准,即考虑到货物的任何说明、价格(若相关)以及其他相关情况而会让理性人认为满意。
(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods-
(2B) 从本法讲,货物的品质包括货物状态,条件,下列是在较合适情形下货物品质的几个方面--
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(a) 适合于通常提供该种货物的所有目的,
(b) appearance and finish,
(b) 外观和良好状态;
freedom from minor defects,
不含微小的缺陷
(d) safety, and
(d) 安全
(e) durability.
(e) 持久性
(2C) The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory-
(2C) 上述第(2)款默示条款不扩展到其他使货物品质不令人满意的任何事项--
(a) which is specifically drawn to the buyer's attention before the contract is made,
(a) 合同订立前特别引起买方注意的事项,
(b) where the buyer examines the goods before the contract is made, which that examination ought to reveal, or
(b) 合同订立前买方检验货物,该次检验应该暴露的,或
in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.
在凭样品买卖合同情形中,在对样品合理检验时应该非常明显的。
(2D) If the buyer deals as consumer or, in Scotland, if a contract of sale is a consumer contract, the relevant circumstances mentioned in subsection (2A) above include any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.
(2D) 如果买方像消费者一样交易,或在苏格兰,如果某买卖合同就是消费者合同,则上述第(2A)条中提及的相关情形包括任何卖方、生产人或其代表、特别是在广告或商标中关于产品特定特征所做的公开陈述。
(2E) A public statement is not by virtue of subsection (2D) above a relevant circumstance for the purposes of subsection (2A) above in the case of a contract of sale, if the seller shows that-
(2E) 在买卖合同情形中,公开陈述并不由于上述第(2D)款成为上述第(2A)款中提及的一项相关情形,如果卖方表明--
(a)at the time the contract was made, he was not, and could not reasonably have been, aware of the statement,
(a)在合同订立时,卖方没有、且不可能合理地意识到该陈述,
(b) before the contract was made, the statement had been withdrawn in public or, to the extent that it contained anything which was incorrect or misleading, it had been corrected in public, or
(b) 在合同订立前,此陈述已被公开撤销或,在某种程度上该陈述含有某些不正确或误导人的地方,但是其已经公开改正,或
(c)the decision to buy the goods could not have been influenced by the statement.
(c) 购买货物的决定不可能受到该陈述的影响。
(2F) Subsections (2D) and (2E) above do not prevent any public statement from being a relevant circumstance for the purposes of subsection (2A) above (whether or not the buyer deals as consumer or, in Scotland, whether or not the contract of sale is a consumer contract) if the statement would have been such a circumstance apart from those subsections.
(2F) 上述第(2D) 和 第(2E)款不阻止任何公开陈述变成上述第(2A)款中的一个相关情形(无论买方是否像消费者一样交易,或在苏格兰,无论买卖合同是不是消费者合同),只要该陈述不属于这些条款中的某一情形。
(3) Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known-
(3) 卖方在商业经营过程中出售货物的以及买方通过明示或默示使得其知晓于--
(a) to the seller, or
(a) 卖方,或
(b) where the purchase price of part of it is payable by instalments and the goods were previously sold by a credit-broker to the seller, to that credit-broker,
(b) 在货物部分购买价款是分期付款及货物先前是由经纪人出售给卖方,这种情形之下的经纪人。
any particular purpose for which the goods are being bought, there is an implied term that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the seller or credit-broker.
对于购买货物的任何特定目的,应有一默示条款即按照合同所供给的货物是合理地符合这一目的的,不管其是否适合于通常提供该种货物的目的,除非有情形表明买方并不依赖于(或买方依赖于此不合理)卖方或经纪人的技术或判断。
(4) An implied term about quality or fitness for a particular purpose may be annexed to a contract of sale by usage.
(4) 关于特定目的货物之品质或适当性默示条款可依惯例附加于买卖合同之中。
(5) The preceding provisions of this section apply to a sale by a person who in the course of a business is acting as agent for another as they apply to a sale by a principal in the course of a business, except where that other is not selling in the course of a business and either the buyer knows that fact or reasonable steps are taken to bring it to the notice of the buyer before the contract is made.
(5)上述若干规定适用于在商业经营过程中代理他人销售货物之代理人所做的买卖合同,也
适用于商业经营过程中本人所做的买卖合同,除非在合同订立之前买方知道或已经采取合理步骤提醒买方注意到被代理之人非在商业经营中出售货物。
(6) As regards England and Wales and Northern Ireland, the terms implied by subsections (2) and (3) above are conditions.
(6)在英格兰,威尔士以及北爱尔兰,上述第(2) 和(3)款所默示的条款是条件条款。
(7) Paragraph 5 of Schedule 1 below applies in relation to a contract made on or after 18 May 1973 and before the appointed day, and paragraph 6 in relation to one made before 18 May 1973.
(7) 下面附表1中的第5条适用于订立于1973年5月18日及之后指定日期之前的相关合同,第6条适用于订立于1973年5月18日前合同。
(8)In subsection (7) above and paragraph 5 of Schedule 1 below references to the appointed day are to the day appointed for the purposes of those provisions by an order of the Secretary of State made by statutory instrument.
(8) 上述第(7)款以及下面附表1中的第5条提及的指定日期是指根据大臣的命令由行政性立法文件产生的条文中指定的日期。
Sale by sample凭样品买卖合用
15. Sale by sample
15. 凭样品买卖
(1) A contract of sale is a contract for sale by sample where there is an express or implied term to that effect in the contract.
(1) 买卖合同中当有明示或默示的条款,在合同中起到这一作用时,买卖合同即是凭样品买卖合用。
(2) In the case of a contract for sale by sample there is an implied term-
(2) 凭样品买卖合用中,应有一默示条款--
(a) that the bulk will correspond with the sample in quality;
(a) 卖方所交付的整批货物必须与样品品质相符。
(b) that the buyer will have a reasonable opportunity of comparing the bulk with the sample
在凭样品成交的货物买卖中有一个默示条件,买方应有合理的机会将整批货物货物与样品进行比较。
that the goods will be free from any defect, making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample.
货物不应存在任何瑕疵,而使得货物的品质不能令人满意,对样品的合理检验中不能发现明显的瑕疵。
(3) As regards England and Wales and Northern Ireland, the term implied by subsection (2) above is a condition.
(3) 在英格兰,威尔士以及北爱尔兰,上述第(2)款默示的条款是条件条款。
(4)Paragraph 7 of Schedule 1 below applies in relation to a contract made before 18 May 1973.
(4)下列附表1中的第7条适用于订立于1973年5月18日之前的相关合同。
Miscellaneous其它
15A. Modification of remedies for breach of condition in non-consumer cases
15A、非消费者交易情形中违反条件条款的救济修正
(1) Where in the case of a contract of sale-
(1) 在买卖合同中
(a) the buyer would, apart from this subsection, have the right to reject goods by reason of a breach on the part of the seller of a term implied by section 13, 14 or 15 above, but
(a) 在本款以外的情况下,卖方违反第13条、第14条或第15条规定的默示条款的,买方有权拒收货物,但是,
(b) the breach is so slight that it would be unreasonable for him to reject them,
then, if the buyer does not deal as consumer, the breach is not to be treated as a breach of condition but may be treated as a breach of warranty.
(b) 如果卖方违反合同的默示条款是很轻微,而使买方拒绝接收货物不合理,那么,
此时假如买方不是作为消费者进行交易的,则该项违反将不被看成是违反条件条款,而可作为违反担保条款处理。
(2) This section applies unless a contrary intention appears in, or is to be implied from, the contract.
(2) 除非合同中显示出或者可从中推断出有相反的意图,否则,本款规定适用。
(3) It is for the seller to show that a breach fell within subsection (1)(b) above.
(3) 卖方有义务证明他违反默示条款属于本条第(1)款(b)项的范围。
(4)This section does not apply to Scotland.
(4)本条不适用于英格兰。
PART III EFFECTS OF THE CONTRACT
第三部分 合同的效力
Transfer of property as between seller and buyer
当买卖方之间转移财产
16. Goods must be ascertained
16、货物必须确定
Subject to section 20A below where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained.
依下列第20A条,未经确定的货物买卖中,除非货物被确定,并在此之前货物财产不转移给买方。
17. Property passes when intended to pass
17、意图转让时的所有权转移
(1) Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred.
特定物或是确定的货物买卖合同中,货物所有权转移给买方的时间按合同当事人在合同中表达的意图确定。
(2) For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case.
(2) 关于确定合同双方当事人的意图,应该根据合同条款,合同双方当事人行为以及案件具体情况。
18. Rules for ascertaining intention
18、明确意图之规则
Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer.
除非有相反的意思出现,下列规则用来确定货物所有权转移给买方时双方当事人的意图。
Rule 1.-Where there is an unconditional contract for the sale of specific goods in a deliverable state the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.
规则1.--凡属无条件的特定物买卖合同,如果该物已处于可交付状态,则货物所有权于合同订立时转移,而不问付款日期或交付日期(或二者兼有)是否延迟。
Rule 2.-Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state, the property does not pass until the thing is done and the buyer has notice that it has been done.
规则2.-- 无条件的特定物买卖合同,如果卖方须完成某些行为才能使标的物处于可交付状态,货物的所有权在这些行为完成之后买方已经知晓的情形下才能转移给买方。
Rule 3.-Where there is a contract for the sale of specific goods in a deliverable state but the seller is bound to weigh, measure, test, or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until the act or thing is done and the buyer has notice that it has been done.
规则3.--凡属无条件的特定物买卖合同,如果该物已处于可交付状态,但是卖方必定要针对货物去称重、测量、检验、或者完成其它一些行为或事情来确定货物价格时,货物所有权直到这些行为或事情完成之后并被买方注意到时才转移。
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