Design On Publication Of Retention Of Title

Retention of title, and then call the reservation ownership, means in the commodity exchange of the removal property rights, according to the law or the engagement of the parties concerned, the property owner transfers the occupancy of the property to the other party concerned, but still reserve the ownership of the property, the ownership of the property does not transfer until the other party concerned pay some or all money or complete the particular conditions. Now, retention of title has been applied in some countries, publication play very important role in exchange of retention of title. But because of the dissimilarity of social background and the law system in countries, the regulation of publication on retention of title is different. No distinct and systematic rules in our national civil law on publication of retention of title . The research on this subject of internal scholars is superficial and lack of systematization ,only parts of thesises involve the related problem, therefore, the construction of systematic publication of retention of title is absent in the theory and practice of law. This dissertation is to expound the legislative mode and choose the different mode to design the homologous publication of retention of title according to different body and construct complete system of publication of retention of title adapted to the reality of our national market economy. I hope that this dissertation can intrigue the scholars to benefit the development of the theory and practice of civil law. The text of the dissertation contains three chapters. Chapter one engaged in research on the legislative mode of publication of retention of title. Through introducing, analyzing and comparing the legislative mode in foreign countries. We resolve the problem that which mode we should choose and provide necessary reasons. As the legislative mode of publication of retention of title, autonomy of will asserts the engagement on retention of title can establish only with the will of parties. Writing form demands the doctrine must adopt writing form in addition to agreement on will for distinguish the right and obligation between parties concerned. But these two kinds of legislative modes all lack certain publication that did not resolve the problem of publication on retention of title by the root. The creation mode of registration claim to the item on retention of title must carry out certain register procedure in addition to the agreement on will, then can take effect. The defensible mode of registration requires the engagement on retention of title must establish by writing form and must resist the third people of good intentions by registration. These two kinds of legislative modes all have very strong publication and resolve the problem of publication of retention of title. But these two kinds of legislative modes also exist some irregularities that can't overcome. By comparing and analyzing these mode, I think that our country can adopt the creation mode of registration and the defensible mode of registration both and choose different legislative mode according to different body of exchange. The elements we should consider are the difference on publication of retention of title on different body ,systematization and coincidence of institution in our country. Chapter two designs the publication of retention of title on real property. Section one designs the means of publication of retention of title on real property. Publication of retention of title on real property adopt the creation mode of registration, under this mode, beyond all doubt, the means of publication of retention of title on real property is registration. But, because retention of title on real property did not take place the actual ownership totransfer, therefore, the registration on retention of title on real property differs from the registration of traditional transference of real property. The form of the registration on retention of title on real property is registration of advanced notice. This text combines the characteristics of registration of advanced notice with special character of retention of title on real property , designing the concrete contents on registration of advanced notice of retention of title on real property, such as happening, exterminate, character and protection. Registration for real property is more perfect. Registration for advanced notice has been confirmed by legislation in our country. Therefore, the design of publication of retention of title on real property can use for regulation on real property in both property law and related law. Section two analyzes the validity of publication of retention of title on real property. The problem of validity is the nuclear problem of a system. The validity of publication of retention of title on real property confirms the rationality of design on system. The validity of publication of retention of title on real property includes the validity of protecting the benefits of buyer, the validity of protecting the order and the validity of early-warning. At the same time, retention of title on real property has indication validity. This indication validity limits the function of the validity of registration for real property at the certain period. Chapter three designs the publication for retention of title on personal property. Section one designs the means of publication of retention of title on personal property. Publication of retention of title on personal property adopt the defensible mode of registration. Registration for publication of retention of title on personal property because of its own characters. But registration for it is unavoidable choice and has some limitation. In order to make perfect and uniform system, I design assistant means of publication. This means must be applied with registration together and learn from others's strong points to...