Предаја ствари купцу у уговору о продаји
Delivery of the Goods in a Sales Contract

Author(s): Ilija Babić
Subject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: The notion of thing (goods); Delivery of movable property; Transfer of real estate; The risk of loss; Acquisition of ownership;
Summary/Abstract: In a sales contract, it is the duty of the seller to transfer ownership of the thing (goods) to the buyer. The seller will have fulfilled his obligation when he has delivered the goods to the buyer, i.e., has provided him with the right of ownership of the goods being sold (when such right is the subject of a sale). Generally, in most European legal systems (Serbian included), in order to acquire ownership it is necessary not only that the contract be concluded (causa, titulus) but also that the goods which are the subject of a sale be delivered to the buyer (modus acquirendi). At the moment of delivery, the risk of loss or damage to the goods passes to the buyer. On the other hand, the French, Swiss and Italian civil codes include the rule stipulating the ownership of the goods (being the subject of a sale) is transferred to the buyer at the moment of the conclusion of a contract. From that moment on, the buyer bears the risk of accidental loss or damage to the goods (the right). Acquisition of the right of ownership over the sold goods, however, differs depending on the type of property (movable or immovable). The subjects of the sale and delivery include: the principal thing (the principle right), the appurtenance, and the fruits.

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