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ID 47353
file
title alternative
Title retention clause in sales contracts for items without individuality.
creator
abstract
In the trade in products without individuality and sold by quantity, specificity may be lost if a target object is stored together with inventory items after delivery to a buyer. However, if the target object can be identified by uniquely associating it with an individual delivery, then its specificity can be maintained even after storage with other inventory items.
Such an arrangement would allow the seller to achieve proportionate control even for items sold only by quantity. This arrangement would also permit the seller to hold collateral, including those products paid for, until the aggregate collateral reaches the total amount sold.
However, to justify this conclusion, I think it is necessary to consider whether to use the concept of aggregation. Furthermore, it is necessary to review the concept of "within normal business".
journal title
The Hiroshima Law Journal
volume
Volume 42
issue
Issue 3
start page
69
end page
91
date of issued
2019-01-25
publisher
広島大学法学会
issn
0386-5010
ncid
language
jpn
nii type
Departmental Bulletin Paper
HU type
Departmental Bulletin Papers
DCMI type
text
format
application/pdf
text version
publisher
rights
許可なく複製・転載することを禁じる
department
Graduate School of Social Sciences
Hiroshima University Law School
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