Research On The Reserving System Of Ownership

The reserving system of ownership have been existing for a long time, with the similar system on the Roman law. And the German common law also approves its entity, but it was rarely made use of at that time, as a result it was not taken seriously in the world. Untill the last period of 19th century, the demand and supply expansion which accompanied with the industrial revolution made credit economic to drastically rise, so the installment payment trade increasingly become the popular trade method in the Euro- American countries. Because the reserving system of ownership has its own peculiarly functional feature, it is widely used again as one of security manners that combine with the installment payment trade. With the development of economy, more and more trade was made in china according to the reserving system of ownership in recent years. But in our juridical practice there is not a perfect law system on the reserving system of ownership. The paper introduces and comments -on the theories of some foreign famous scholars, as well as the viewpoints of the relevant Chinese scholars, first, from the angle that the ownership shift, the reserving system of ownership should be thought as the reserving system of ownership which attaches the stopping condition;second, from the angle of the seller' s resvering ownership' s speciality, the reserving system of ownership should be thought as a kind of real right for security;According to the fact of China, the reservingsystem of ownership should not adopt the Konzenbehlt reserving system of ownership, but it should include:the simple reserving system of ownership, the extension reserving system of ownership and the account current reserving system of ownership;The setting manners of the reserving system of ownership should adopt the clear declaration not putative method;The object of the reserving system of ownership should be confined in the chattel and car, aero, ship etc. — special chattel, but don't include the real estate such as house;In the right structure of the reserving system of ownership, apart from the right that is included in the usual bargain, the law also endow the seller the recovery right and the right of relieveing bargain, endow the buyer the expectant right and redeemable right, so as to blance the right of seller and buyer. Because of this kind of special structure of the reserving system of ownership, it produces conflicts, and these conflicts can be divided into inside and outside:first, the internal conflicts take place between seller and buyer based on the ownership of seller and occupation of buyer to the object;the second, the exterior conflicts is between the seller, buyer and the third party out of the contractual relation , that is to say, one side is seller and buyer, another side is a relation body out of the agreement. Therefor, based on the right to the object , it produces a series of conflicts among the relation body out of the contract, seller and buyer . For the internal conflicts, the solution lies in the explicit scope between right and obligation of the two parties in a contract; But for the outer conflicts of the reserving system of ownership, we can let the external relation body understand the real condition of the right and obligation through a fair and reasonable manners so as to blance them.