A Study On The Problems Of The Retention Of Ownership

Guaranty for debt right is necessary development of market economy. With the development of economy , installment payment is widely adopted in our country. Tradional guaranty, which has some defects, has made the further development of installment impossible. The reserving system of ownership plays a significant role in our economic life.The ownership reservation lies in both the cival law system and the common law system. Owning to its feasibility and adaptability, the ownership detaining system, is widely used in US, British, Germany and Taiwan. It has been ageed on the ownership reservation's definitions, classifications, characters and sources in West countries. The ownership reservation has its own system in foreign countries.In the theoretical study on the retention of ownership, there are three problems which are very controvercial: about the leagal nature of ownership reservation; about the legal nature of taking back; about the leagal nature of expectation. The paper introduces and comments on the theories of Muenzel about these problems, and puts forth own points.The ownership reservation also confronts some pratical problems.There are four critical prolems: the ownership reservation system's establishing mode, object and legal form; the ownership reservation system's right structure; the relationship between the ownership reservation and its related rights; enforcement of the ownership reservation 's property. Based on the above mentioned analysis, The paper puts forth some suggestions in an effort to improve those problems.