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Research On The Relations Of The Retention Of Title

Posted on:2011-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:C X YuFull Text:PDF
GTID:2166330332958526Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The retention of title has come into existence for a long time as the credit economy develops. Served as a kind of security, the retention of title is being used in property sales more frequently results from its particular characteristics. There are very detailed rules and perfect system about the retention of title in British law, American law, German law and Taiwan's law of China. Although our country's law has formulated this system in three rules, it's far from meeting the practical needs. This paper discusses some significant questions while focusing on the legislative practice of our country and utilizing foreign legislation in order to analyse the legal relations of the retention of title.The paper consists of three parts apart from the preface and the epilogue. The first part is mainly about the general theory of the retention of title. It introduces the three rules which are formulated to adjust the retention of title in our country's law. Then it analyses that the retention of title is a type of security for obligatory right; furthermore, it is a type of non-standard securities. The legal structure is analysed in different theories. One is the theory that admits the juristic act of real right, the other one is the theory that doesn't admit the juristic act of real right. The paper points out the expectant right owned by the buyer before the condition is fulfilled. At the last of the chapter, the author discusses the scope of the object which could be traded by the way of the retention of title. The second part studies the legal status of the seller. Before the prerequisite is completed, the seller is still the owner of the object. He should be protected by law when someone, including the buyer and the third party, aggresses his ownership. The seller could wield the recall rights if the buyer has aggressed or is going to aggress his rights. The paper introduces the prerequisite, the procedures for the exercise of recall rights and the legal consequences of the exercise of recall rights. Until the transfer of ownership occurs, the seller's obligation is completed. The seller shall assume the obligation to guarantee that quality of the object has satisfied the quality requirements and that no third party may claim any right to the buyer. The seller may rescind the contract if the purpose of the contract is not to be realizes because of the action of the buyer. Then the paper discusses the conditions eliminating the seller's ownership.The third part focuses on the the legal status of the buyer. The buyer owns the expectant right before the condition is fulfilled. He could transfer the expectant right to the third part by the way of transferring property ownership. Once the condition is fulfilled, the third part would directly obtain the ownership from the seller. As a kind of right, the expectant right could be the infringing object and it should be protected by law in many conditions. The paper focuses on the conditions that the seller transfers the object to the third part or set security interest on the object, the seller's creditor asks for enforcement, the third part aggresses the object and so on. It will be a inseparable claim between the parties when the third part aggresses the object. The third person who is in good faith could obtain the ownership while eliminating the expectant right of the buyer. Apposition does not necessarily eliminate the expectant right of the buyer.
Keywords/Search Tags:The retention of title, The recall right, The expectant right, Inseparable claim, The well-meaning earning, Apposition
PDF Full Text Request
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