Transfer of title to goods is effective upon delivery or, if so decided by the parties, upon payment in full of the price. The contract may provide for retention of title by the seller until payment in full. This is effective between the parties themselves only if it is expressly mentioned in the contract, the order or the delivery documents, and is effective as regards third parties only after registration of the retention of title with the RCCM.
Transfer of title normally entails the simultaneous transfer of risks. Hence, a purchaser is not exempted from the requirement to pay the price when the goods are lost or destroyed after title has been transferred, even if he has not physically taken delivery of the goods, unless the loss or destruction is due to the seller.
Where the sale provides for the carriage of goods, the risk are transferred to the purchaser when the goods are delivered to the first carrier. If the sale occurs in the course of carriage, the risks are transferred at the time the contract is made.
Goods which have not been identified and separated physically from other goods are deemed to have been put at the purchaser’s disposal when they have been clearly identified for purposes of the contract.
Add comment