When does ownership transfer in business transactions?

In commercial transactions, ownership is generally transferred from the delivery of the subject matter. Unless otherwise provided by law or agreed by the parties, the ownership of the subject matter of the sales contract shall be transferred from the time of delivery, and the risk shall also be transferred. If the subject matter is immovable property, the ownership shall be transferred from the time of registration. I will give you a detailed answer about when the ownership will be transferred in the transaction.

1. When does the ownership transfer in commercial transactions?

1. In commercial transactions, ownership is generally transferred from the delivery of the subject matter. According to the relevant provisions of China's current civil code, unless otherwise stipulated by law or agreed by the parties, the ownership of the subject matter of the sales contract will be transferred from the time of delivery, and the risk will also be transferred. If the subject matter is immovable property, the ownership shall be transferred from the time of registration.

2. Legal basis: Civil Code of People's Republic of China (PRC).

Article 595 stipulates that a sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price.

Article 604 stipulates that the risk of damage or loss of the subject matter shall be borne by the seller before delivery and by the buyer after delivery, unless otherwise provided by law or agreed by the parties.

Second, what is the principle of ownership transfer in the sales contract?

1. The movable property is delivered, and the movable property is transferred from the date of delivery. The movable property here includes special movable property such as cars, ships and planes.

2. After the real estate is registered, the ownership of the real estate will be transferred from the date of registration. Note: The house sales contract is valid when it is established according to law, regardless of whether the real estate is registered or not. In other words, registration is not an effective element of the house sales contract, but an effective element of the transfer of house ownership.

3. In a sales contract with retention of title, when the buyer pays the final payment, the ownership of the subject matter is transferred to the buyer.

Unless otherwise agreed by the parties. Contract advocates freedom of contract. Under normal circumstances, as long as the law does not make mandatory provisions, the parties are allowed to agree, and if there is an agreement, the agreement shall prevail. The parties to a contract may agree that the ownership of the subject matter shall be transferred upon the establishment of the contract. The theme here must be specific.