種類物の継続売買契約における所有権留保に関する基礎的考察 : 東京高判平成29年3月9日金法2091号71頁を素材に

Title retention clause in sales contracts for items without individuality.

Tamura Koichi

廣島法學

The Hiroshima Law Journal

[ISSN] 03865010

[NCID] AN0021395X

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".

jpn

広島大学法学会

許可なく複製・転載することを禁じる

[ISSN] 0386-5010

[NCID] AN0021395X