Unofficial translaction
goodsmay stock them in thestoresof athird party at the expense of the other party but is required
to bear excessive costs that could result from such storage.
ARTICLE 274- The party who must ensure the conservation of the goods may sell
thembyallmeansappropriateifthe otherparty delays
totakepossession,topaytheprice,ortorefundcostsincurred for theirconservation. He mustfirstnotify
the other party of his intention to sell thesegoods.
The party selling the goods may deduct from the product for sale an amount equal to his costs
for conservation, and shall owe the surplus to the otherparty.
TITLE IV: EFFECTS OF THE CONTRACT
CHAPTER I: TRANSFER OF OWNERSHIP
ARTICLE275–Theacceptanceof delivery shall entail transfer of title to
thebuyerofthegoodssold.
ARTICLE 276-The parties may, however, agree to defer the transfer of title pursuant to antitle
retention clause governed by articles 72 to 78 of the Uniform Act on securities interests.
CHAPTER II: TRANSFER OF RISKS
ARTICLE 277-Transfer of ownership shall entail the transfer of risk to the buyer.
Loss or damage on goods occurred after the transfer of risk shall release the buyer from his
obligation to pay the price only if these events are caused by the seller.
ARTICLE 278-Where the sales contract provides for delivery of the goods to a
carrier,therisksaretransferredto thebuyerbyhanding the goods to thefirstcarrier.
The authorization given to the seller to retain documents on the goods shall not affect the
transfer of risk.
ARTICLE279-Riskto goodssold while being transported shall betransferred to the buyer upon
conclusion of the sales contract.
Howeverif the seller had knowledge or ought to know of the loss or deterioration of the goods,
he shall bear the cost of such risk if he failed to inform the buyer.
ARTICLE 280– Where goods sold are not itemized, the transfer of risk shall be done at the
time of their identification which requires that they become available to the buyer.
OHADA / Uniform Act / Unofficial Translations
P. - 71 - of 78