Research Of Ownership Reservation System

Ownership reservation sale is characters with both the obligation law and the property law. The nature of the ownership reservation sale is a conditional ownership transfer .The buyers expectant right has the same effect as the property rights. The setting of the ownership reservation should be in a written form. It's objects include the real estate. As for the personal property, the effect of making-public model by registering is to be adverse, as for the real estate, effect. The nature of seller's taking-back right is to be paid by the property itself, and also, the expectant right is valuable and is allowed to be transferred. Under the ownership reservation sale, the rights conflicts between the contracting parties and the third parties will be determined by, whether the contract is registered or not, and whether the third parties is with bona fides or not. While the third party's lien right can adverse the contracting parties rights. As for the objects of the ownership reservation sale, the third party cannot apply to be enforced. If the object is injured, either the contracting party can take the object back. If the seller goes to bankruptcy, the buyers will enforce the warranty property. Under the existing situation, China should not establish the ownership reservation system directly, and it will be better to regulate it by certain special laws.