The Study For System Of Title Reservation In Chattel Installment Sale

With its advantages, the title reservation will provide a great chance to the development of installment sales. In this dissertation, the author's very aim is at analyzing the effectiveness of title reservation in contracts of installment sales.There are three chapters in this dissertation:Chapter one is the study of the basic questions of title reservation. In this chapter, after the analysis of systematic functions of title reservation and the comparison to traditional guarantees, the author holds that title reservation not only can guarantee the creditor's rights, but also will not prevent the buyer to use the goods.Main doctrines about it are introduced explicitly, then an analysis is made on them. Finally, the author's idea is put forward that after a thorough and systematic study ,it can be illuminated in two aspects:(1) it is a juristic act of real right of transferring ownership subject to a suspensive condition ,if it is observed from the angle of its extrinsic course (2) it is a legal system that a seller secures his right of claim by means of his restricted ownership, if observed statically from the angle of its intrinsic value of security.Chapter two is the rights conflicts in title reservation and the solutions. The special construction of title reservation is the cause of rights conflicts: the seller is the owner, while the possessor is the buyer. There are two kinds of conflicts. One is the conflict between the seller and the buyer, the other is caused by the fact that the former two parts and the third part may all have rights on the same goods. This chapter is composed with two parts. Firstly, it's about the distribution of rights between the seller and the buyer; Secondly, the author analyzes the relationship between title reservation and other guarantees and hopes that we should deal with the conflicts among them with bona fide doctrine and register theory.Chapter three is the way of perfecting the legislation on title reservation in our country . In this chapter, the author analyzes the fact of the legislation on title reservation in our country on the base of practice and theory. Then the register theory of title reservation is discussed. After comparison, the author thinks the confrontationist way of register is the best solution to the above conflicts. The author proposes that we should adopt the advance experience abroad, specifying the parties'rights and obligations in contract of installment sales and establishing the institution of register.