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 Article #  

  (1) In cases not within articles 67 and 68, the risk passes to the buyer when he takes over the goods or, if he does not do so in due time, from the time when the goods are placed at his disposal and he commits a breach of contract by failing to take delivery.

(2) However, if the buyer is bound to take over the goods at a place other than a place of business of the seller, the risk passes when delivery is due and the buyer is aware of the fact that the goods are placed at his disposal at that place.

(3) If the contract relates to goods not then identified, the goods are considered not to be placed at the disposal of the buyer until they are clearly identified to the contract.


Issues       
# Cases
 1 Passing of risk in sales without carriage
1
  1.1 In case of buyer taking goods at seller's place of business
   1.1.1 Upon taking of delivery by buyer
2
   1.1.2 In case of late taking of delivery, upon goods being placed at buyer's disposal
  1.2 In case of buyer taking over goods at other place
1
   1.2.1 Upon goods being placed at buyer's disposal
3
  1.3 Placing of goods at buyer's disposal in sales of unascertained items
 2 Contractual provision as to passing of risk
Country # Cases  
Germany 2  
Date Court
23.06.1998 Oberlandesgericht Hamm
22.09.1998 Oberlandesgericht Oldenburg
2
  2.1 Incoterms
Total: 6


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