Font Size: a A A

On The Ownership Reservation In Contracts Of Sales

Posted on:2002-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:A Q HeFull Text:PDF
GTID:2156360032453440Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The article studies generally the legal nature, effectiveness of ownership reservation in contracts of sales, talking about the relationships with other rights.After seeing about the legislation history of ownership reservation, the author talks about the legal nature of ownership reservation .The author thinks we should adopt the "doctrine of ownership transfer with conditions for suspension" on the view of the transfer of ownership .On the other hand, it belongs to a charge of property on the view of security. In the contracts of sales with ownership reservation, the buyer's expecting rights is neither forming right nor property right or obligatory right, it is a property expecting right in fact and it should be protected. Under some terms, the seller can exploit his retake right, but it doesn' t result in the relieving of contract secured.The author also analyzes the relationships between ownership reservation and chattel mortgage, pledge, lien and leasehold, we should deal with the conflicts among them associated with bona fide purchaser and property theory.In the end, the author analyzes the actuality of the legislation on ownership reservation in our country on the base of the practice .We should abstract the advance experience abroad, specifying the domain, conditions on ownership reservation institution, the parties' rights and obligations in contracts of sales, in order to promote the health of our legal system and development of economic.
Keywords/Search Tags:ownership, reservation, deal, security
PDF Full Text Request
Related items