划拨的概念与法律意义

The Concept of Identification and Its Legal Significance

划拨又称特定化，是国际货物买卖中特有的概念，尤其在英美普通法， 具有特别的法律意义。区分特定物和待确定货物的意义在于，两者运用的规则不同。 特定物不存在划拨问题。待确定的货物又可分为种类物和准特定物，其划拨过程分 为两个阶段。划拨分为有条件的和无条件的。划拨并不必然导致所有权的转让。

Identification is also called specification which is a special concept in international sales of goods. It has special legal significance in Anglo-American common law. The significance of distinguishing specific goods from ascertained goods is that the rules applied to them are different. There is no issue of identification in specific goods. Ascertained goods can be divided into unascertained goods and quasi-specific goods. There are two stages in the process of identification. Identification includes conditional and unconditional identification. Identification does not necessarily result in transfer of ownership.