Study On Rights Of The Buyer In Title Retention

The title retention system is a new trade style based on credit payment and installment payment, which is more feasible, easier and faster. It has been widely used in current economy market, and the adaptability is in the expanding tendency now. But the law in our country of title retention system is still simple and lacks the feasibility. From some regulated introduce of Acts and practices overseas to the nature of the title retention, this thesis discusses the rights attribute of buyer and shows my own opinions on transfer, guarantee and protection rights of the buyer in title retention, then my legislate suggestion on title retention system based on the rights of buyer is given.This thesis consists of seven parts, about 35,000 words.Introduction: introduces the origin of the title retention system and the present regulations of the title retention system in our country.The first part outlines the title retention: mainly introduces the origin of the title retention system and the legislation and the practices of the title retention overseas, explains the conception of title retention, mainly illustrates the writer's viewpoint that the nature of title retention is the transfer of title with appended conditions, and analyzes some similar system.The second part is about the essence of the rights of buyer: It brings out the concept of the right of expectation after introduces the name of rights of the buyer in retention, and gets the conclusion that the nature of title retention is disposition right-limited of title by analyzing the right of expectation.The third part is the transfer and hypothesis guarantee of expectation right of the buyer: mainly introduces that the expectation right of buyer has the property right and economic value. To make the best use of it and speed up the circulation, it can be transferred as moveable property, or it can guarantee in which case it is a kind of mortgage or impawn guarantee.The forth part is the protection of expectation right of the buyer: mainly introduces the rationale of protection of expectation right, discusses the protection of expectation right through 3 aspects: the influence and violation of right on buyer from seller, the protection of violation from third party and the protection of the expectation right of the buyer after the seller's bankruptcy, and reasons that protection of the expectation right should follow the principles that the property rights are prior to creditor's rights and promises with contracts are prior.The fifth part is the legislation opinions of right of the buyer in China from the writer: adds title retention system in the entry 134 of the "Contract Law" or in forth part of the "Property Law" (property right of guarantee).Conclusion: introduce the scope of this thesis and the direction of improvement.