The Contract of Sale in the Civil Law: With References to the Laws of England, Scotland and FranceClarendon Press, 1892 - 271ÆäÀÌÁö |
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xi ÆäÀÌÁö
... owner ( 102 ) : strictness of this rule , and theories as to its rationale ( 103 ) . Effect of discovery that land is subject to servitudes or charges undisclosed by the vendor ( 105 ) . Vendor's obligation to take due care of the goods ...
... owner ( 102 ) : strictness of this rule , and theories as to its rationale ( 103 ) . Effect of discovery that land is subject to servitudes or charges undisclosed by the vendor ( 105 ) . Vendor's obligation to take due care of the goods ...
8 ÆäÀÌÁö
... owner becomes owner also of the accessory by the title of accession , not by a delivery in performance of a sale . Thus if a land owner gives a building lease , the house built under the lease is his , and yet the contract is locatio ...
... owner becomes owner also of the accessory by the title of accession , not by a delivery in performance of a sale . Thus if a land owner gives a building lease , the house built under the lease is his , and yet the contract is locatio ...
17 ÆäÀÌÁö
... owner of property , Sale of ser- who agrees for a consideration to create them in favour of the purchaser that is to say , a man may agree to sell a right of way over his land , or a usufruct over his slaves , and for breach of such an ...
... owner of property , Sale of ser- who agrees for a consideration to create them in favour of the purchaser that is to say , a man may agree to sell a right of way over his land , or a usufruct over his slaves , and for breach of such an ...
18 ÆäÀÌÁö
... owner's consent ( as in all sales effected by agents ) , the owner obviously is estopped from disputing the purchaser's title : and if the vendor has a mortgage or similar security given him over the property by the owner himself , and ...
... owner's consent ( as in all sales effected by agents ) , the owner obviously is estopped from disputing the purchaser's title : and if the vendor has a mortgage or similar security given him over the property by the owner himself , and ...
19 ÆäÀÌÁö
... owner evicts him3 . If he has not re- ceived the purchase - money , he is debarred from demanding it unless he will ... owners of what they purport to sell . 7 See Chap . VI , inf . 8 Inst . iii . 23. 5 : Dig . 18. 1. 4 : ib . 73. pr ...
... owner evicts him3 . If he has not re- ceived the purchase - money , he is debarred from demanding it unless he will ... owners of what they purport to sell . 7 See Chap . VI , inf . 8 Inst . iii . 23. 5 : Dig . 18. 1. 4 : ib . 73. pr ...
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136 ÆäÀÌÁö - Where there is a contract to sell unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made.
138 ÆäÀÌÁö - There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods.
152 ÆäÀÌÁö - Subject to the provisions of this act, when the buyer of goods is or becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods at any time while they are in transit, and he will then become entitled to the same rights in regard to the goods as he would have had if he had never parted with the possession.
152 ÆäÀÌÁö - ... (b) If, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent ; and it is immaterial that a further destination for the goods may have been indicated by the buyer...
218 ÆäÀÌÁö - ... breach of warranty. But it would be better to distinguish such cases as a non-compliance with a contract which a party has engaged to fulfil ; as, if a man offers to buy peas of another, and he sends him beans, he does not perform his contract; but that is not a warranty, there is no warranty that he should sell him peas ; the contract is to sell peas, and if he sends him anything else in their stead, it is a non-performance of it.
136 ÆäÀÌÁö - ... (a) when he signifies his approval or acceptance to the seller, or does any other act adopting the transaction ; (b) if he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.
149 ÆäÀÌÁö - ... where the property has passed to the buyer. UNPAID SELLER'S LIEN Sec. 54. When Right of Lien May Be Exercised. (1) Subject to the provisions of this act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely: (a) Where the goods have been sold without any stipulation as to credit; (b) Where the goods have been sold on credit, but the term of credit has expired; (c) Where the buyer becomes...
169 ÆäÀÌÁö - En matière de vente de denrées et effets mobiliers, la résolution de la vente aura lieu de plein droit et sans sommation au profit du vendeur, après l'expiration du terme convenu pour le retirement.
150 ÆäÀÌÁö - Where the buyer becomes insolvent. (2) The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee for the buyer.
146 ÆäÀÌÁö - S'il a été ainsi convenu lors de la vente ; Si la chose vendue -et livrée produit des fruits ou autres revenus ; Si l'acheteur a été sommé de payer. Dans ce dernier cas, l'intérêt ne court que depuis la sommation.