Research On The Retention Of Title

In a contract for sales,according to the appointment of two parties, possession of object to the bargainee.After the bargainee pays in full or completes special terms,the ownership of object can be shifted.Thus this system is named retention of title. As a security way that the bargainer realizes his credit,retention of title is widely used in contracts for sales,in which the objects are delivered in advance while the price is paid afterwards.In the following,the important problems in relation to retention of title are discussed including its nature,effect,regulation of publication on retention of title.Part One: The nature of retention of title As for the nature of retention of title, there are various theories in academic circles. The first is the transferring of property with suspenseful condition. This theory is popular in German, Japanese and Taiwan district of the PRC. The second is the part transferring of property, holding that during the ownership reserved, the subordinate relationship of object belongs to a floating state,so both the bargainer and the bargainee cant not be said to possess the complete ownership,whereas with the payment,the ownership gradually shifts from the bargainer to the bargainee. Thus both the bargainer and the bargainee share the object in common and perform the right of ownership according to their economic purpose. The representatives of this theory are German scholar Raise.The third is the theories of pledge,which holds that the nature of ownership reserved is pledge and bargainee has possessed the ownership with the delivership of goods. The fourth is the theory of guarantee real rights, holding the view that the ownership has been shifted to the bargainee along with delivery and that the right enjoyed by the bargainer is one kind of security interest. It's wildly adopted in the theory circle of German Civil Law.The fifth is security interest,using the pattern of the guaranteed person and the owner to interpret the relationship between the bargainer and the bargainee,holding the view that the ownership has been shifted to the bargainee along with delivery and that the right enjoyed by the...