The Retention Of Title

With the development of Credit Economy, the Retention of Title has become an important guarantee method. In China, where the Market-oriented Economy makes a progress at a rapid speed, the Retention of Title has been used as the result of the prosperity of the Credit Business, which takes the divided payments as its prevailing form. However, the relevant legislation being far from mature and the main source of which in the Contract Law being very abstract and lacks practicality, the Retention of Title can not meet the demand of the economy. This dissertation tries to discuss the relevant issues in the respect of compared law study, aiming at giving some suggestions to the maturity of the Retention of Title.The first part of this dissertation discusses the general rules and theories of the Retention of Title which include its origination, development and rationality of its existence, and points out that the development of credit economy and the legal loophole of traditional guarantee system are respectively the economic foundation and the legal foundation for the Retention of Title. The second part points out that the Retention of Title is an act of transferring the Title to which a stop-condition is attached, and that the right the seller keeps in his hand is a perfect Title. The third part points out that the Retention of Title can only be established on the movables; the act which establishes the Retention of Title should be made in written form; the effect of transferring the Title should take the registration resistance creed. The forth part discusses over the rights the seller and the buyer separately take, pointing out that the buyers have two important types of rights namely contingent right and possession right. The contingent right is a creditor's right for the purpose of repossessing the object, and the content of the possession right includes possessing, utilizing, and profiting from the property, etc. Compared with the contingent right, the possession right is more important to the buyer. The seller's retake right is the effect of his Title, so the seller could take back the object according to the statute. Moreover, the issues on the risk-sharing, the obligation on both two sides at bankruptcy and on the keeping object, are also discussed in this part. The fifth part makes a discussion on the issues of the rights and obligations between sellers or buyers and the third party.