摘要
“交付主义”的风险转移原则与所有权转移有着内在联系,“交付主义”是以确保所有权能够移转于买受人为基础的。鉴于我国目前的客观情况,对于一般动产可采用“交付主义”,对于不动产和准不动产则应采用“所有权主义”。
The principle of deliverism has an intrinsic relation to the transfer of title.It is based on the condition that law shall ensure that the title to goods can be transferred to buyers.In view of the present situation in China,the author proposes that the principle of deliverism can be applied to the transactions of general movables,while the principle by which owners take the risk should be applied to movables and chattel real.
关键词
买卖合同
风险转移
交付
所有权
business contracts
risk transfer
delivery
title
