A Study On Issues Of Title Retention System

Because of its unique function in credit, title retention system has considerable advantages in protecting creditor liquidity and reducing transaction risk. It is also stipulated in China's Contract Law. This thesis focuses on the legal nature of title retention system and the right structure of the buyer and seller, and proposes an idea of establishing the system.The thesis is divided into 4 chapters:Chapter 1 deals with the concept, features, function and categories of title retention, and describes the differences between title retention system and other similar systems.Chapter 2 deals with the nature of title retention. On the nature of title retention, both ownership theory and real right for security theory have their own perspectives. Based on the comments of the two theories, this thesis suggests a systematic way to study the nature of title retention, and concludes that it is a mixture of ownership and real right for security.Chapter 3 deals with the right structure of the parties. The thesis firstly analyses the concept and legal nature of the seller's recall right. Then points out that the buyer's expectant right is essentially ownership, and also discusses the realization of expectant right.Chapter 4 deals with the establishment of title retention system. Title retention is widely used in modern society. China's Contract Law also made a principal stipulation about this system, but lack enough operability in practice. This chapter focuses on some specific issues about the establishment of title retention system, such as conditions, public summons, subject matter scope, and the conclusion of standard terms. At last, the author proposes a legislative framework about title retention system in our country in the future.