On Expectant Right Of The Buyer In The Deal Of Retained Ownership

Under the background of credit economy era, the system of retained ownership finds a perfect balance between assuring the creditor's right of the seller and the buyer who intends to acquire proliferation from the object. However, for the transfer of the ownership in the deal of retained ownership shall be made when some conditions meet, what is the legal status of the buyer before the satisfaction of the conditions (before the acquisition of the ownership by the buyer) is a big problem. It is obvious that the possession accrued from contract and the legal relationship of the creditor's right cannot explain the legal status soundly, because, in the course of the deal, the buyer acquires another legal status, that is the buyer may acquire the ownership of the object when the conditions meet and the other party cannot cancel or violate at its will. Some German scholars define such legal status as expectant right of the buyer in a retained ownership deal.This article begins with the origin and evolution of the expectant right, then illustrates the independent character through the analysis of the content and character of the expectant right, on the basis of which I here make a further elaboration of the performance of the independent character. And the article totally has 30,000 Chinese characters and is divided into four parts.The title of the first part is the summary of the deal of retained ownership system and the discovery of the buyer's expectant right in the deal of retained ownership. And in this part, the author draws forth the buyer's expectant right in the deal of retained ownership by analyzing the deal of retained ownership system and constitutive requirements of the expectant right.In the second part, the author defines the buyer's expectant right in the deal of retained ownership first, then sums up the essential characteristics of it and types it, at last defines it as a right for acquiring a rignt.In the third part, the author introduces the arrangement manners of the buyer's expectant right in the deal of retained ownership, such as pledge, as well as their legal effects. At the same time, the author demonstrates the good faith acquisition of the buyer's expectant right, including the good faith acquisition under different conditions as well as their legal effects, at great length.The title of the last part of the article is the protection of the buyer's expectant right. In the part, the author discusses respectively the ways to protect the buyer's expectant right when a conduct of the seller or a third party composes on the buyer's expectant right in a deal of retained ownership.