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Title: Passing of property in C.I.F. & F.O.B. contracts : comparative study
Author: Al-Anbaki, Majid H. K.
Awarding Body: University of Glasgow
Current Institution: University of Glasgow
Date of Award: 1978
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Abstract:
Passing of property between the seller and the buyer in C.I.F and F.O.B. contracts is a matter of significance in the event of the insolvency of either party, and the liability to capture, and seizure on the outbreak of war. This problem has been left for solution according to the domestic laws, despite the international characteristics of C.I.F and F.O.B. contracts. The domestic laws have presented different solutions, and therefore different consequences may result. This thesis is an attempt to deal with the problem comparatively in the light of the Sale of Goods Act, 1893, Old Soots Law, Iraqi Law (and Egyptian Law), and French Law. Lt consists of an introductory chapter (documents affecting passing of property in c.i.f and F.O.B contracts) and a supplementary chapter (passing of the risk). The Problem itself has been dealt with in Chapter Two. The first chapter is devoted to describing the functions of the bill of lading and its characteristics as a document of title. In the light of these characteristics the Received for shipment bill of lading and the ship's delivery order are documents of title, whereas the Through bill of lading is not, because it does not entitle the consignee to claim delivery of the goods from the last Carrier. The container revolution has had a tremendous effect on the classic rules of bills of lading, therefore a compromise has been presented by establishing an international matitime organization. Chapter Two is concerned with the passing of property. The research has followed the process of passing of the property in home market sales and the effect of that process on C.I.F & F.O.B contracts. The problem has been discussed in four sections, each devoted to a particular legal system. At the conclusion of this chapter, the research has classified the legal thoughts into two main theories: The objective theory and the subjective, which are both seen to be illfitted to modern practice. The correspondence idea can be a good substitute because it has the advantages of both the theories. Passing of the risk, and whether the risk should be attached to the property or the delivery of the goods, is the subject of Chapter Three. In this chapter the problem concerning home market sales has been presented separately in each legal system. But in C.I.F & F.O.B. contracts, it is internationally accepted that the risk should pass to the buyer on shipment. The research has sought to ascertain the exact moment of shipment, and analyses the different aspects of this international rule.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.481914  DOI: Not available
Keywords: K Law (General) Law Law enforcement Prisons
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