国际贸易中货物所有权转移问题探讨

货物所有权转移的一般理论有：在买卖合同有效成立之时转移所有权；在货物交付之时转移所有权；以货物的特定化作为转移货物所有权的前提。在国际贸易中经常使用的FOB、CIF等象征性交货合同下，其货物所有权是有条件地从卖方向买方转移。电子提单的出现给货物所有权转移问题增加了新的内容，它完全改变了传统通过背书转移物权的方式，而代之以密码的通知来实施货物所有权的转移。

The general theories coneming transfer of title include: the title is shiftal at the time the coontract of sale has been established by parties effectively and at the time when goods have been deliveried by the seller on time and the peilication of goods for the prerequisite of the transfer of title, In the nominal delivery contract of FOB and CIF which have often been used in internaational trade,the transfer of title from seller to buyr is completed with some conditions, which is different from the above theory. The efectronic bill of Iading has added new elements to the transfer of title.The notice of secret code has replaced the endorsement which is a tradititonal way of transfer of title. How to deal with this new situation? The article offers some insights into the problem.