Research Of Title Retention System

The thesis focuses on the buying and selling title retention which connects installment business and the ways of title retention and offers systematic discussions on some topics on the theoretical and practical levels of this system. This thesis is divided into five parts:The first part is the brief introduction of title retention and some basic questions concerning this system—its conception, use and types. This part also displays the embodiment of title retention in Roman Law, German Law, French Law, British Law, American Law and the Law in Taiwan.The second part concerns about the legal character of title retention. Firstly, the thesis mainly introduces and analyzes the discussions on the nature of title retention. Secondly, the author's opinion is presented that the nature of title retention is a conditional title transfer.The third part is defining title retention. Firstly, the title retention should be defined in an explicit way. Secondly, the object indefining title retention can be chattel and estate. Thirdly, as to the methods of notifying title retention, the thesis holds the opinion that inuring should be employed when it comes to estate and special chattel such as vehicles, ships and spaceships, and countering should be adopted when it comes to title retention of chattel.The fourth part is the effectiveness of the title retention, the author's opinion: The sellers have the taking-back right .The nature of seller's taking-back right is to be paid by the property itself, and also, the expectant right is valuable and is allowed to be transferred. Under the title retention sale, the rights conflicts between the contracting parties and the third parties will be determined by whether the contract is registered or not, and whether the third parties is with bona fides or not. As for the objects of the title retention sale, the third party cannot apply to be enforced. If the buyer goes to bankruptcy, the seller have the taking-back right. If the seller goes to bankruptcy, the buyers will enforce the warranty property.The fifth part is the thinking of the author about China' legislation of title retention.