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461

§ 250.

yis-a-vis des capteurs, de transferts „in transitu", § 273 et ss., et imposaibihté de retenir le jus disponendi en cas d'envoi de marchandises en pays ennemi, § 260] .... In the case now before the Court there is no place for any idea of an attempt to defeat the rights of this country as a belligerent; and the case has to be determined in accordance with the principles by which rights of property are ascertained by our law in time of peace.

Very difficult questions often arise at law as to when the property in goods carried by sea is transferred, or vests.... These are the kind of questions which are often brushed aside in the Prize Court when the transactions in which they are involved take place during war, or were embarked in when war was imminent or anticipated. But where as in the present case, all the material parts of the business transaction took place bona fide during peace, and it becomes necessary to decide questions of property, I hold that the law to be applied is the ordinary municipal law governing contracts for the sale and the purchase of goods. ...

In my opinion, the result of the many décisions (antérieures et postérieures au „Sale of Goods Act, 1893") is that in the circumstances of the present case the goods had not, at the time of seizure, passed to the buyers ; but that the sellers had reserved a right of disposal or a jus disponendi over them, and that the goods still remained their property and would so remain, until the shipping documents had been tendered to and taken over by the buyers, and the bill of exchange for the price had been paid."

i 250. (1) L'applicabilité de la loi anglaise en matière de transfert de propriété de marchandises comporte que les cours britanniques attachent une importance prépondérante a 1'intention des parties. Ainsi, lorsque les parties contractantes paraisséht avoir eu en vue une autre loi nationale que la loi anglaise, c'est d'après cette autre loi que les rapports juridiques doivent être jugés. Comp. 1'explication suivante de la cour d'appel britannique :

Parchim (868) : „It was further contended that the practice

which has prevailed in the Prize Court, and has in some cases, at any rate, been foUowed by this Board of deciding, in accordance with English law, to whom the property in captured goods belonged is altogether wrong: their Lordships cannot accept this contention. Not only is it difficult to suggest any possible alternative, but it will appear upon a httle consideration that the practice itself is just and equitable. The municipal law of this country as to the transfer of property in chattels is a branch of our commercial law, and basedon mercantile usages common in their general substance and operation to the merchants of all nations.

„The Sale of Goods Act, 1893" (56 & 57 Vict. c. 71) is in fact, merely a codification, and, as is generally admitted, a very successful and correct codification of this branch of English mercantile law. It embodies the principle that the question whether a contract for the sale of goods does

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