Retention Of Title To The Effectiveness Of The Third Person

The reservation of title system stems from Rome, but at that time had not got essential attention, Along with the economical high speed development and the people desire has been enhanced, in addition ,compare to general guarantee system ,the reservation of title buying and selling system compares, has the cost to be low, financing is easy, the procedure simple convenient could realize the merit which fully made the best use of things, the reservation of title buying and selling system obtained the swift development.However, China only in the "Contract Law", section 134 ,generally reserved for the retention of title which do not conform to the development of the system. In recent years many scholars have set their sights on the system, but they mainly study the internal legal relationships, for example there are many books and papers about the looking right of buyers and the right back of seller. But the outside legal relationships of this system is not enough concerned, in addition to scattered described articles, lacking specialized books and papers. And in the transactions which retention of title, the subject matter of the true ownership status is not consistent with its external appearance, coupled with the invisibility of retention of title, the interests of the parties to retain buyers and sellers can easily be conflicted with the interests of bona fide third parties, the ownership reservation system should be provided for the settlement of this conflict institutional relief. So this paper intends to discuss the effectiveness of transactions retained of title with the purpose to balance the rights and interests conflicts between the third party and the buyers and sellers. Mainly stem from the public system of retention of title , in order to achieve the balance of interests between them.Text imposed by three parts: the introduction, body and conclusion introduction mainly lists questions, describes research object, purpose and significance of this thesis, and limit the scope of the study to this paper. There are five parts of the body.The first chapter is an overview of the system of retention of title. First, describe the nature and application scope of retention of title, I believe that the scope of retention of title, especially the distinction between movable and immovable property, is directly related to changes in property rights and the publicity of ownership retained, so we have to define the scope. Secondly, analysis the retention of title under the two divisions of property, objects and debts ,Discuss the existence basis of the t reservation of title system ,and the relationships between independence and non-sexual relationship of property act and retention title system , and finally introduced " the ownership of the reservation. under China's "Property LawThe second chapter is to introduce establishment and publicity of retention of title . with respect to the establishment mainly discuss the means and time . Because the publicity of retention of title is directly related to external validity of retention of title, this article focuses on the relationship between publicity from the property, credibility and retention of title , and regard cases of national legislation get the conclusion that we retain ownership of publicity mode.The third chapter mainly talk about the effectiveness to the third parties arising from the dispositions of sellers. The seller may violate the contract , which will result conflicting with the rights of third parties, because there is no uniform rules in China, so caused some difficulties to our judicial practice. This chapter analysis the retains seller's disposition right condition remise the retention again separately and it retention again establishes the retention customer who the security interest produces with . Learn from various countries, the local legislation and the judicature experience carries on the analysis, designs a set to solve this confliction ,and analysis them one by one, in order to provide some tips for future legislation or judicial.The four chapter mainly talk about the effectiveness to the third parties arising from the dispositions of buyers. Because of reservation of title agreement's secret, the third person easy to trust the right representation, but with retains the customer to carry on the transaction, will produce by now retains the conflict question, How the law should balanced the property rights of buyer and the third person who wants to make guarantee safely, because there is no uniform rules in China, so caused some difficulties to our judicial practice. This paper lists the outside relationships arising from actions of sellers with the third parties . and analyzes various countries' area the theory and the experience, proposed that our country's conflict solution mechanism,The fifth chapter exploring the effect to the third person which caused not from the dispositions of buyer and the seller. Discuss respectively about two sides were set a lien to the retained property , or creditors of the two parties to keep and retain things or right for the enforcement ,or usurpation or infringement by third parties. Among which value conflicts and distribution of people's claims between looking rights and ownership are controversial issues . This paper combined with the doctrine and jurisprudence of States, in order to find a good solution.