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The Assumption Of Risk For Purchaser's Expective Right

Posted on:2007-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:L XuFull Text:PDF
GTID:2166360185957485Subject:Law
Abstract/Summary:PDF Full Text Request
Retention of title refers to the sales contracts, according to the agreement between the parties, in possession of the seller to transfer the property buyer, and retain the object of ownership, or until the completion of the buyer to pay the price of specific conditions, the object of a transfer of ownership took place before the system. Retention of title as a seller of its gold price of a claim by way of security, is widely used in subject-matter of delivery, the price of gold sales contracts delayed payment.This article is divided into four chapters : chapter through various theories and models to explain to our legislative power nature.First denied the right to expect that, looking forward to the formation of that right, the right to property is said, that is not entirely theoretical ownership, the right to expect that the special rights, the right to expect real expansion of the claims or claims that the effectiveness of a brief description. Look forward to analysing the pros and cons of modern theory. Expressing his own views, I agree with "special rights" that the right to expect as Wangzejian Professor analysis, and the creditor has security features and characteristics. This view will be looking forward to the right to avoid the original right down into the types of changes the prototype system design, a departure from the parties intended methodology errors, on the other hand, based on the "uniqueness" and the independence of the system and to retain ownership rights in the framework of a legal right to reasonable flexibility in the allocation of space opens up possibilities, This formed the legal system more flexible, to adapt to the needs of the community for providing the necessary system adjustments extendable space. This opinion demonstrates the methodology advantage.My final analysis of the security model is the right to legal status. Judging from China's current legislation and judicial practice, our practice is not registered should not be implemented, the elements of the security changes in the model, but a delivery elements, plus registration confrontation, Real change models.
Keywords/Search Tags:Purchaser's
PDF Full Text Request
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