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Research Of Seller's Recall Right Institution

Posted on:2011-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2166360305991619Subject:Law
Abstract/Summary:PDF Full Text Request
The retention of title transactions, the seller to exercise the right to recover is to reduce the risk. In this paper, the issues such as how to the recall right is protect in law,and how to restrict the recall right is explored. Expect to recover as soon as possible to develop the right system, the law, in order to better its role in the economic society. The paper is divided into three parts:The first part mainly debate on the theoretical circles that the recall right define the legal nature of the problem not a preliminary inquiry. And the right of rescission wich claims for the basis of analysis, combined with theoretical circles right back to the controversy over the nature of assessment.The second part maily talk about how to use and haw to limit the recall right. In the use of the right to recover part of the system in wich the conditions of recall right in various countries is on the base of precedent doctrine. In the part of how to restrict the recall right,the author select a bona fide and the right to recover a securious interest in conflict with the two perspectives are discussed.In the third part,combining with the reference which foreign legislative esperience,the author propose some suggestions to improve the frame work of recall right.Such as the relations of recall right,the scope of the recall right,the limit of the recall right and so on.The author expect to improve the recall right in law.
Keywords/Search Tags:Title Retention, Recall Right, Right of Rescission, Legislation
PDF Full Text Request
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