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在国际贸易中,买卖双方按照法定程序建立合同关系后,卖方和买方都有可能发生违约行为。如果买方违约(Breach of Contract),如无理拒收货物、不按合同规定移交与货物有关的单据,或拒绝支付货款,抑或是无力支付贷款(Insolvent),对于后二项情况下的卖方,根据英美法律上的解释称之为未受款的卖方(Unpaid Seller)。为了保护未受款的卖方的正当权益,在法律上形成了一些特别的规则,即受损害的一方有权采取正当措施,以维护其合同权益和合法的权益,根据这些规则,作为未受款的卖方,可以对货物行使以下三项权利:①留置权;②停运权;③再售权。
In international trade, after the buyer and seller have established a contractual relationship in accordance with legal procedures, both the seller and the buyer may be in breach of contract. If the buyer is in breach of the contract, such as arbitrarily rejecting the goods, failing to hand over the documents related to the goods as stipulated in the contract, or refusing to pay the price, or is unable to pay the loan (insolvent), for the seller in the latter two cases, The Anglo-American legal explanation is called unpaid seller. In order to protect the legitimate interests of unpaid sellers, special rules have been formed in the law, ie the injured party has the right to take proper measures to safeguard their contractual rights and legitimate rights and interests. According to these rules, they are regarded as unpaid. The seller may exercise the following three rights over the goods: 1 a lien; 2 the right to stop; 3 a re-sale right.