Brief Discussion Of A Sale On Title Retention

The object of this article researched is a sale on Title Retention. Title Retention is a kind of institution that the owner of property shift the possession to the other part, and the other part only has the rights of holding, using and earning on the subject matter and the Title Retention won't be shifted until the other part pay all cost or finish specifically condition. Title Retention is advantageous to the parties and more effectively compare to the traditional security property, especially for application on the present credit economy. However, there is a rule in Contract Law in which only admits the existence of Title Retention in our country and the interrelated content of Title Retention wasn't detailed, which just an exposition from the aspect of concept and lack of basis in the practice. Therefore, the article references from the legislation and the theory in different countries and areas, introduce the concept of Title Retention, the characteristic, the foundation, and the legislation. Then analyzes the problem of profit balance between the buyer's expectation right, the seller's recapture right and the third one, and puts forward several suggestions that base on our present legislation of Title Retention to perfect the Contract Law in the future.The article contains preface, body and conclusion, and the bodies are five partsThe first part summarizes the system of Title Retention form the concept, foundation and characteristic, and analyzes the applicable range and the related important document, then introduces the embodiment of the system of Title Retention in Germany Law, French Law, British Law, American Law and Taiwan Law. The second Part is about the buyer's expectation right of Title Retention. The article starts from the buyer's expectation right to analyze the same characteristic of the concept and the expectation, and then deep analysis on the character and the expectation right shift of the buyer's expectation right.The third part is about the seller's recapture right in Title Retention. In this part, the article analyzes the exertion of condition, method and the effectiveness caused by contract of the recapture right, which base on the seller's recapture right. Also research some important theory questions of the system of Title Retention.The Fourth part is about the dispute and the balance of the third one in Title Retention. This part mainly analyzes five cases of the profit dispute of the third one, and put forward a public method to protect the profit of the third one.The fifth part introduces some proposals for perfecting our Title Retention. This article analyzes the present legislation status of Title Retention, and put forwards some proposals about perfecting our Contract Law.