SGA상 매도인과 매수인의 전매(Re-sale)에 관한 연구

A Study on Re-sale of the Seller and the Buyer under SGA

This study discusses the relationship between the unpaid seller’s right of lien or stoppage in transit and the buyer’s re-sale, and the possibility of the seller’s re-sale. Under Sect. 41 and Sect. 44 of SGA, the seller may exercise lien or stoppage in transit. But these rights may be defeated under Sect. 47. If the seller assents to the buyer’s re-sale, his rights are lost because the seller’s assent shows to renounce his rights against the goods. And where the third party takes the document of title to goods in goods faith, the unpaid seller loses his right. Meanwhile Sect. 48 provides the standards which the unpaid seller can resell. Where the seller gives notice to the buyer of his intention to resell, and the buyer does not within a reasonable time pay, he may resell the goods. As the buyer repudiates his obligations or commits a fundamental breach, the unpaid seller is entitled to terminate the contract and has the power to pass a good title to a second buyer. Moreover, where the original contract contains an express right to resell, the seller is entitled to resell even though he does not retain possession of the goods.