Font Size: a A A

The Recall Of Retention Of Title

Posted on:2012-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y P HuaFull Text:PDF
GTID:2166330338450410Subject:Law
Abstract/Summary:PDF Full Text Request
Title retention business as an important way to trade, to protect the interests of trading betray a person to play a good role, and the retention of title system is the recall seller realize its price gold in the means of creditor's rights, the exercise can also affect the buyer and the interests of a third person. As one of the retention of title system is very important to the recall system is a system of protecting the interests of the seller has an important role, but our country law to recall system in the present application conditions and procedures, etc, so there is no provisions to encourage trade, the greatest degree to protect the sales contract in the legitimate interests of the parties to the transaction, this paper the retention of title system in a recall.This paper firstly in the retention of title were summarized, the system of recall to recall the concept and meaning of system application in recall jurisprudential are analyzed, and emphatically analyzes the recall system at home and abroad the legal nature of recall right, through properties of comparing different viewpoints puts forward the author's own view, and expatiates the legal relation of the recall of its content structure, this paper analyzes the key.Then this paper main countries and regions in the world the retention of title system recall system is studied, the legislation practice by comparison and analysis, to our country recall system on the perfection of the legislation of some useful reference.Finally, according to the above two parts of research and demonstration, combining the present legislation in our country recall system, to perfect China's recall system in all aspects of the recall, when exercising, exercise by the effectiveness of such restrictions, and puts forward some Suggestions. This paper is the innovation points in our country at present title retention system regulation is more summarized and recall as an application system does not expressly enacted under the condition of our country, after the recall system for establishing and perfecting in its specific conditions and procedures provide some reference and the suggestion, expounds the establishment in ways should be back by the judicial process for creating compulsory retrieve system in China, the recall system to give reasonable Suggestions.
Keywords/Search Tags:title retention, recall right, right of resale
PDF Full Text Request
Related items