Research On Questions About Retention Of Title System

Retention of Title refers to a system in the sale(especially the installment payment sale ) although buyer possesses and uses the corpore at first, seller still has the ownership of the corpore before the condition(generally it refers to a part of or the whole payment) is fulfilled which is agreed by both parties. After it fulfilled the ownership will be transferred to the buyer. System of Retention of Title is from Roman law but it was not taken into account for lack of use. Credit economy grew up greatly together with industrial revolution until the end of 19^th century. Installment payment sale began to be the popular way of trade among European countries and the U.S.A.. Retention of Title as a way of security which is combined with installment payment became one of the most active and ideal movables security ways.We generally consider the nature of Retention of Title from the two angles of ownership transfer and security of debt theoretically. From the angle of ownership transfer it mainly has two parts: conditional ownership transfer and time division ownership. From the angle of security of debt it mainly has four parts: real right for security, security property trusteeship, security benefit and security of right in rem. The six parts above give good discussions about the nature of Retention of Title in different stages. This thesis holds the view that ownership should be in a full consideration. That is to say all uses of anything can't go beyond the power of ownership, anything doesn't have the power beyond ownership, we can also see this in the ownership preservative sale. The power of corpore can't go beyond the power of ownership(such as expectant right). In another sense the analysis of Retention of Title pays more attention...