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Probe On The Ownership Reservation

Posted on:2006-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:J YangFull Text:PDF
GTID:2166360152497750Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The ownership reservation, an ancient system which originate form Rome, is subjected to the favor in the modern highly developed economic of reputation the ages because of its form of special removal ownership and the guarantee functions. Many country establish this kind system substantially or formality at present. The ownership reservation adapts our country's current economic condition since entered the theories and fulfillments of our country and obtains prompt development to combine to get the confirmation on the lawmaking. For all that, there still are some important problems to be solved, for example, the property of the ownership reservation, opposite lack of design of concrete system. These misty of understanding restrict the ownership reserve system's further perfect and function of exertive. Writer try to carry on the summary to the former research and putt forward some viewpoints of myself and make concrete system's position combined the economic condition of the our country by analyze the function, history, property, effect of the ownership reservation according to my superficial understanding to this system. Think that: the ownership reservation means the bargain the concessionaire occupies the object to think the usage, income in advance waiting particular complete (generally is to pay one set or all price glosses) start of obtain the object ownership conditionally by the appoint of party concerned in ownership of property trade, and the ownership still belongs to the offer in this time. Carried on the detailed analysis to it's a subject and effects. Though these standpoints are probably not mature, I hope they can be benefit to the system. This text is divided into six parts: Part Ⅰ, define the ownership reservation's meaning. Analyses the meaning of the ownership reservation and carries on the comparison combined with system easy to confuse, and provides the theories premise for the research argument of behind. by making scientific define to this system . Part Ⅱ, subject of ownership reservation. Doubt to the former standpoint that the system is applicable to the movable property only, by apply the argument of the scope of ownership reservation, put forward to conclusion that it can applicant all subjects as long as match the function of the ownership reservation ownership. Part Ⅲ , the history evolution and lawmaking fulfillments of ownership reservation in relative countries. By carrying on the analysis to the creation of the system, development, the present condition and the theories backgrounds, try to draw lessons from them and benefit to lawmaking of our country. Part Ⅳ, the analyses of property of. Make an introduction and carry on the critique to various theory that the current ownership reservation. According to this, put forward certain new theory about prepares to establish of ownership reservation. There are two sides about the property of ownership reservation in this article. Part Ⅴ, the effect about ownership reservation. By the analysis to the party concerned law position, the effect is divided into inside and outward to define the right and the duty of a party concerned of dissimilarity in this law relation. Part Ⅵ , the theories speculation about ownership reservation. According to analysis and summary of above each part, analyze the current blemish and shortage of our country about the ownership reservation. Design concrete system combine with the economic form and the lawmaking present conditions of our country, and bring it into the system of iura in re...
Keywords/Search Tags:The ownership reservation, The movable property guarantee, Dualism
PDF Full Text Request
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