A Study On Retention Of Title

This ancient system, retention of title, glows the vigorous vitality at the modern economic society. For being simple, highly effective, convenient and low cost, it has become a popular guarantee style. Our legislation has not established perfect retention of title system, but there is huge demand in the reality. Therefore, it is of vital practical significance to strengthen the research of retention of title and consummate the system design as soon as possible.This thesis proposes how to perfect title retention system by showing the long history of the retention of title, evaluating its unique system structure, and combining our legal tradition and presenting legislative situation. The thesis mainly comprises five parts.This first part mainly elaborates the evolution of retention of title. This system has origins in the ancient Roman law, the Twelve Tables already had the record, and then was gradually regulated by law in many countries. The retention of title is based on credit economy. It breaks the traditional ownership pattern, highlights the utility value of goods, defers autonomous principle, and shows unique value and huge vigor in modern life.The second part analyzes title retention by the theory. It is defined as the goods had been delivered to the vendee, however the vender retains the property until paid for in full or special obligations completed. Regarding various theories about the legal nature of retention of title, this thesis tries to make deep analysis, that it is a way which property is delivered in with extra condition, and the essence of title retention is for guarantee. The vigor of this system just lies in its exquisite theoretical structure and action mechanism.The third part focused on the legal structure of retention of title. This system could be applied to personal property and real estate. The clauses about retention of title, as part of the contract, came into effect together. The property is remained just for guarantee, whereas the goods is used by the vendee. Both parties can make a agreement about legal disposition. It is beneficial to both parties that the damage should be undertaken principally by the vendee if no opposite agreement.The fourth part is internal right structure of retention of title. Expectant right and right of recall is a balanced mechanism focusing on bilateral benefit. This thesis elaborated the concept of expectant right in four aspects, including right factors, semantics, right completeness as well as right essence. In essence, the vendee's expectant right is ahead stage of property, a status under legal protection. The vender's right of recall, a mechanism to display guarantee function, is just to make the contract fulfilled. When constructing a system, the conditions, procedures and effective in bankruptcy etc. also should be taken into account.The fifth part bases on the present legislation of retention of title and made some constructive opinions for the consummation of this system. It is of great practical significance that the legislation foundation should be more close to society and economy. However it is of obvious shortness that only one item to regulate the system of title retention. Therefore, at present, it's suitable to consummate basic rules of title retention in the framework of Law of Contract, and complete concrete provision by judicial interpretation. Both two can unify the construction of a complete system of title retention.