Research On Reclaiming Right Of Seller's On Retention Of Title

In the retention of title, the seller in fact exercisees of the right to receive payment of claims means at current price,which has a major impact on the buyer and the interests of a third person. In this paper, the relevant countries and regions for the right to recover the research and the future of our country get back on its legislative proposals put forward accordingly. Paper is divided into four parts.The first part, based on the retention system, first briefly describes the concept of the reclaiming right.The so-called reclaiming right of the seller's,means that in the retention of title transactions, if the buyer has a specific breach of contract, resulting in damage to the legitimate rights and interests of the seller, the seller has reclaiming right to recover the object from the buyer.The reasons should be provided by the law or agreed upon by the parties.Next is on the significance of the reclaiming right and many nations legislation on the right of return.This article holds that the balance between the seller and buyer interests,is the significance of the creation of a legal reclaiming right for the seller.The nature of reclaiming right is the core of this part, the understanding of it is directly related to research on other issues.This paper introduces some of the theory about reclaiming right, and their respective conduct assessment,finally agreed with the claim of the Wang zejian said.From the function of retention of title, the legal system of retention of title was established, which aimed to price the seller guarantees the realization of the claims.According to agreement, the buyer doesn't pay the price or has any other breach of contract, the seller may recover directly the subject of priority over other creditors claims.And the right to recover from the deliquescing right relations, "said the claim of" the right to see the return of the independent existence of the system is conducive to the smooth realization of the interests of the parties.Through the analysis of the nature of the reclaiming right and defined on the reclaiming right the contents of the seller, including the reclaiming right and re-sell rights.The second part discusses the actual operational problems of the reclaiming right.The writer believes that the exercise of the reclaiming right must consider fair, we should also reflect efficiency. The first question of this part is the conditions for the exercise of the reclaiming right. Seller's exercisees the right, not only relates to the realization of his claims, it will have a significant impact on buyer's right of occupying the subject,the seller must have certain conditions to exercise the reclaiming right.Law usually has directly provided what kind of conditions can exercise the reclaiming right, the seller might be against the interests of the seller under certain conditions may exercise the reclaiming right for the seller is to prevent abusing the right to recover damages the interests of the buyer.As conditions of exercise of the reclaiming right and the conditions for deliquescing the contract are similar and easy to confuse easily, so the paper also drew a distinction between the two. The second issue is on the scope of the reclaiming right. On the scope of the reclaiming right, this paper discusses it on the two cases. They are reclaiming right on attachment of effectiveness and on the buyer objects from the disposition effect.Most countries and regions have recognized that the effectiveness of the reclaiming right can recover until attachment.We should also follow the the basic ideas,which above-mentioned countries and regions have been formed to address this problem, recognize recovery and moderate expansion of the reclaiming right, as to the effectiveness of the subject-matter of the price to the seller guarantees the repayment of the debt as the prerequisite. On the basis of recognizing the right of return and recovery. On the right of return and recovery and modest expansion of reasonable restrictions, so as to avoid over-protection of the interests of the seller and buyer transactions prejudice to the legitimate interests of the third. In real life, subject of the buyer of the action that occurred in our country. This is the seller the right to the provisions of the unjust enrichment in accordance with the law by requesting the right to be affected by the return of a person who punished some interest, namely, the seller only on the use of debt means the realization of their rights. Such a provision is extremely detrimental to the seller, we think that China should learn from the United States legal methods of handling the situation in the buyer unauthorized actions subject of circumstances, in recognition of the subject matter of a security interest still exists, and this security interests continue to exist can be resolved at any of the proceeds, as well as the debtor (buyer) on the money collected. This section presents the seller to exercise the right to receive the procedure. As our country get back on the exercise of the right of the seller does not expressly provide procedures, such cases result in the operation more difficult, this paper on China's return to the concept of rights legislation.The third part, any right is not unlimited, and the right to reclaiming is no exception. The author believes that, as a system design, get back to the third system should take into account people's interests. In order to the safety of transactions, the seller's return does not necessarily right can be exercised. Manifested in the loss of ownership of the seller, can not exercise the right to reclaiming;subject of the existence of the rights of others, in particular the security interests of others, the exercise of the right to return is limited.The fourth part, whether it is right to receive or retain ownership of the system, they share a common goal, and that is to protect the interests of the seller. China's contract law only retains ownership of the provisions made in principle, and the system has the right to recover without making any provisions to deal with such cases which cause difficulties. The author in this part give his advice on how to establish the system of the right of reclaiming.