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On Security Of Ownership Reservation

Posted on:2003-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:B YuFull Text:PDF
GTID:2156360065456130Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Centered on the idea that ownership reservation is designed to secure the payment of price by reserving the ownership of the subject matter, the author analyzes, from the aspect of combination of theory and practice, the legal constituents of ownership reservation and considers that the nature of ownership reservation is the reservation of the security which means that the ownership of the subject matter transfers to the buyer with the delivery and what the seller reserves is a kind of security similar to mortgage. Then the author mainly demonstrates the recourse, replacement on the subject and the styles and procedures of realizing ownership reservation by means of analyzing related foreign legislation, precedents, theory and domestic mortgage law system. To make direction for jurisdiction, the author suggests that security especially mortgage should be used to finish the loopholes of legislation on ownership reservation according to the system of similarly-used.To make it concrete, the scope of the subject matter should extends to fixtures, interests and the damages or compensation procured from the damage, extinction and public appropriation of the subject matter in order that the seller's mortgage not be harmed by change of the ownership in the subject matter. The scope of the force of ownership reservation should be restricted necessarily to balance the rights and duties between the seller, the buyer and a third party in order to encourage the buyer and a third party to maintain and strengthen the economic value of the subject matter. In the practice of ownership reservation, the seller have the right of regaining the subject matter by peaceful private force or proceedings if the buyer is in the situation of late payment and other breach, and the right of disposing of the subject matter to satisfy his credit ahead of others' by discounting, selling or auctioning the subject matter or any other means conforming to commercial rules if the buyer refuses to pay related fees or to perform the contract to redeem the subject matter. The author also emphasizes particularly in the thesis that both principles of efficiency and properness should be adopted in the practice of ownership reservation, which can prevent the seller's abusing security to protect the buyer's especially the customers' legal rights when the exchangeable value of the subject matter is maintained and strengthened.
Keywords/Search Tags:Constituents of security, Recourse, Replacement on the subject, Practice
PDF Full Text Request
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