On Some Aspects Of Title Retention

With the increase day by day of the variety and quantity of goods in the market,and coming out of the large durable consumer goods one after another, TitleRetention as a kind of guarantee which is adopted in trade by seller to assure thecollection of consideration of goods is known by more and more compatriots.However, there are various opinions in theory and practice on the object range, legalnature and effects of Title Retention, which leads to difficulties to get along with agreat deal of judicial practice. This dissertation proceeds with the concept and legalcharacteristics of Title Retention, and introduces the historical evolution and type ofthis system briefly. It pays great attention to object range, legal nature, and theeffects of that on parties and the third party. The author wishes to give a relativelyclear elaboration of above-mentioned aspects of Title Retention. There are about30000 words altogether in this dissertation. Chapter One is a brief introduction of Title Retention. This chapter expoundsthe significance and legal characteristics of Title Retention, and points out theappearance of Title Retention ownership is to meet the need of commodity economy iii( market economy) and credit economy for modern times. It is favored by traders forits incomparable advantage. This dissertation further gives theoretical classificationof Title Retention, and at the end of this dissertation the author gives a briefintroduction to historical evolution of Title Retention. Chapter Two is about object range and constituent elements of Title Retention.Though legislation of most countries in the world excludes the real estate as objectof Title Retention, but scholars around the world have not formed unifiedunderstanding on it. Quite a few scholars both at home and abroad hold the opinionthat the trade of real estate can be the object of Title Retention. This dissertationagrees with mainstream view, and holds that Title Retention is not suitable for realestate, and gives out relative argument. On constituent elements of Title Retention,there are doctrine of meaning, doctrine of written form, and doctrine of registrationin the legislation of various countries. The author supports the doctrine of writtenform and registration defense, as Taiwan does. Chapter Three is about analysis of the legal nature of Title Retention. Firstly,this chapter introduces domestic and international scholar's different views on thisquestion, gives analysis on that, and propose author's own opinion at last. Chapter Four is about the effects of Title Retention. This chapter mainlydiscusses on the four aspects as fetching-back right of seller, expectation right ofpurchaser, the assumption of risks of goods, and the effects on third party, and at theend indicates author's own view.