It is vital in the sales of goods to judge the moment of passing the property in goods from seller to buyer. The passing of the property in goods depends on two important principles: the identical intentions of the parties expressed or implied in the contract or manifested in their performance and the action of public showing of the passing of the property in goods. Subject to these principles, theproperty in goods will be passed at the moment provided in the contract if the parties so contracted. But where the contract keepssilent, such matters should be considered in order to establish themoment of passing the property in goods. Because of the variety oflegal action in practice, this paper only gives a guide-line on thepassing of the property in gdris.
It is commonly considered that the plaintiff’s application for arrest of ship before or during the litigation would amount to a wrongful arrest if the plaintiff’s claim is dismissed by the court-However, being one of illegal acts, the wrongful arrest of ship should not be satisfied to amount to an il1egal act in accordance with theories of civil law. The wrongful arrest is an illegal act carried out as the plaintiff exercises his right of arresting ship. lt breaches the principle of good faith. It should be recognized as an act of tort. But there are some differences between the act of wrongful arrest and the act of tort. The wrongful arrest is also an act of abuse of right- Usually, the wrongful arrest includes the plaintiff’s wrongful application for the arrest without the right of arresting ship, wrongful continuation of arresting ship and requesting for too much security.
