Transfer of Property in the Goods Sold while being Transported in the High Seas Leg

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Derar Al-Daboubi, Mohammad Ashraf Khalid Al Qheiwi

Abstract

This paper examines the time the ownership shall transfer from the seller to the purchaser regarding the goods sold in transit. In particular, while the goods are transported via the high seas leg. The significance of this study lies in the fact that the rule of transferring property in goods transported in the high sea has not yet been regulated by international relevant instruments or national legislation. In addition to the fact that even the regulation of the transfer of property –in general- has been overlooked in international instruments to be addressed by national laws which adopt various rules in this regard. Therefore, this paper will suggest recommendations to bridge the gap when deciding the applicable law governing a property transfer in the goods sold. At the same time, they are on the high seas.

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