The risk in respect of things sold in transit passes to the buyer from the time of the conclusion of the contract.
Civil Code
2015 English source edition · Current applicability not established.
This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur.
Article 1781
Sale of Things During Transit · Preserved transcription; page attribution imported from the source collection. Verify against the original.
However, if the circumstances so indicate, the risk is assumed by the buyer from the time the things were handed over to the carrier who issued the documents embodying the contract of carriage.
Nevertheless, if at the time of the conclusion of the contract of sale the seller knew or ought to have known that the things had been lost or damaged and did not disclose this to the buyer, the loss or damage is at the risk of the seller.