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On Retention Of Title Clause Applied In Contracts For International Sale Of Goods

Posted on:2007-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:X TangFull Text:PDF
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Retention of title (ROT) clause has been widely applied in contracts for international sale of goods. It describes an agreement that a seller of goods retains title to the goods supplied until certain conditions are met. Different country has different law on retention of title, and there is still no statue international law about this issue to be applied. China also established the system of ROT in its Contract Law, but it's too simple to be adopted and needs to be improved and extended. The thesis tries to present a relatively systematic study on retention of title both from theoretical and practical aspects. It mainly contains 5 chapters. The first chapter introduces the legal nature of retention of title, which the author defines as a conditional civil behavior with security characteristic. The second chapter discusses legal system of retention of title in different countries respectively with continental and common law tradition. The third chapter probes into the establishment and the public note principle of retention of title, in which the author suggests ROT clause cannot act against a third party without legal registration. The fourth chapter analyzes the internal and external legal effects of ROT clause in international sales contract, which puts emphasis on seller's recall right, buyer's expectant right and the right conflict with a third party. The last chapter firstly presents different kinds of legislation mode on law application rules of retention of title in international trade, secondly the author proposes the legal effect of ROT clause to the parties of sales contract applies the law of goods located when the parties reaches the agreement and that to the third party applies the law of goods located when the third party buys the goods.
Keywords/Search Tags:retention of title, conditional civil behavior, public note, recall right, expectant right, applicable law rules
PDF Full Text Request
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