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Research On Ownership Reservation

Posted on:2007-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:R L MaFull Text:PDF
GTID:2166360182994364Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Due to its specific form of ownership transference and its guarantee function, the ownership reservation, an ancient system which originated from Rome, is greatly favored in the modern age in which the credit economics is highly developing, and as a result, it has been established in many countries at present. Adapting to our country's current economic condition since its integrating into the established theories and application to practice, it has developed quickly and has gained the recognition in the legislation. Despite all that we have mentioned above, there are still some important problems to be solved. For example, the controversial opinions on its nature and the lack of designing for concrete systems, which restrict the perfection and the application of the ownership reservation system. It is for the very reason that the author of this thesis tries to summarize the previous researches so as to make a tentative research on the function, history and the nature of the ownership reservation system, and evaluate the designing for the concrete systems of it based on the current economic situation in our country.This thesis is composed of four parts. In part one, the definition, history and evolution of the ownership reservation are presented. And then it is pointed out that the economic and legal reasons why the system is widely adopted are respectively development of credit economics and the deficiencies of the traditional guarantee system. In the second part, after evaluating the existing basic theories, the author probed the legal nature of the ownership reservation, the seller's retaking right and the buyer's right of expectation. In the third part, some practical problems on the ownership reservation are probed, especially the object, conflict and the coordination of the rights related. In the fourth part, the current state of the legislation of the system in China is analyzed, moreover, the author suggests the ways to better the system and points out that it should be integrated into the law of Real Right.
Keywords/Search Tags:the ownership reservation, retaking right, right of expectation
PDF Full Text Request
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