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On The Legal Regime Of Title Retention In Hire-Purchase System

Posted on:2004-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:X H ZhaoFull Text:PDF
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In this paper, beginning with the explanation on and analysis the concept of the ownership reservation system, the author first construes its legal characteristic, and then illuminate its superiority when related ninth the installment payment trade. Also, the author makes a demonstration on the legal quality of this ownership reservation. At last, the author analysis the jurisprudence basement and running method of the font row it embolism a pensions function.As for the buyer's expectation rights, such an opinion is held in this paper: Not having fulfilled the required conditions, the buyer cont get the ownership of the object. I forever, for his stipulation on with the seller, the buyer actually attains such a legal position: one fulfilling. The condition on, he could obtain the ownership.As for the seller's retaking rights, the author holds such a view that it refers to the rights that the seller could retake the object it the buyer doesn't fulfill his obligation. In fart, the implement of this right also reflects how this system exerts pensions function. In the other hard, how does it in influence the effectiveness of the ownership reservation on trade contracts in existent? The are various answers is restricted smoky. Confirmed in law, it is also restricted to some degree. These dual characteristics are designed mainly to protect path panties' efforts and our legal relationship. In practice the buyer's resale and accession to the object often ours for he holds the occupancy. How to judge the effecti veness in these two situations is also an important problem related with the effectiveness of oho retaking rights.As for the harmony in interests conflict with a third person in the ownership reservation trade the following cases often owner a sellers cession to a the seller cession to a third person; a the buyers cession of its ownership or. Expectation rights;a third person violation of the object; the requisition for prohibitory inhumation from the obliges of the parties; e the in interest correspondence in all the parties when bank watch happens.
Keywords/Search Tags:ownership reservation, expectation right, retaking right, the effectiveness to a third person.
PDF Full Text Request
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