Study On Buyer 's Rights In Installment Contract

Installment sale, the sale means that after the two sides agreed on the subject matter delivered to the buyer, the cost will be their burden of debt is divided into several periods. With the continuous improvement and development of the market economy system, the status of installment sale in modern society economy has been quite important. People are buying big-ticket items, such as housing or durable luxury goods, etc., tend to take the form of installment sale, but the seller can speed up the flow of goods through this form, realize the value of the exchange. On the one hand, installment sale of the buyer to pay only part of the price of the commodity on the realization of the possession, use and income, to solve the case of the buyer because of financial difficulties temporary lack of consumer spending power and cannot improve the purchase by people’s spending power, increased consumer demand, promote the circulation of commodities. On the other hand, because the installment sale of commodity circulation is accelerated, the more involved in the distribution market, so all of them can achieve greater economic benefits. In this sense, installment sale, the buyer and seller are of positive significance, it’s booming, the society will play a positive role in promoting the economy, thus contributing to the level of production and consumption continues to improve, enrich people’s material standard of living.The seller claims in order to ensure the realization of their own, often use their dominant position in the installment sales contracts made many special provisions, in order to bind the buyer. These special rights conventions so that the buyer of the contract of sale in installments subject to many limitations, national legislation often notice this problem through legislation to balance the interests of both. Articles from the three special agreement, discusses what the buyer enjoys rights under special agreement circumstances? How to achieve special agreement the seller and buyer under the right balance? This is the core issue discussed in the article. Article text is divided into five parts.The first part of the article is the introductory part. The introduction is divided into three main parts to build the overall framework for the article. The first is to raise questions; the title of the article points to the article, the core issue is the buyer’s rights. The rights issue contains two connotations, one is the content of the right, and the other is to protect the rights. The second part is literature review, a literature review on the main theoretical statements about installment sales contract. The third part is the structure of the paper, the paper structure of the article not only to make the article from the structure to form a rigorous logical framework, but also to achieve the unity and integrity of the article through the grasp of the structure of the article.The second part, this chapter describes the relationship between the buyer the right to study and the contract specifically agreed installment sales contract and the impact of the contract on the installment sale agreement in particular the rights of the buyer. Specifically agreement in the contract there are many kinds, but in a separate article in the termination of the contract terms, the interests of the terms and duration of loss of ownership reservations is described lists.The third part of the article is about termination of the contract and the right to the protection of the rights of the content of the buyer under the terms of the case. Starting from the analysis of the legislation of the countries under the right circumstances the buyer agreed enjoyed buyer in contract termination clauses and restrictions on the seller’s legal connotation, the last of the part discuss the seller to exercise the right to rescind the contract if the buyer should be given a grace period.The fourth part, it is about the deprival of period interest of rights and obligations between the buyer and seller. From the content term interests, this part analyze the right buyer under the terms of the constitution lose interest period. In order to prevent excessive restrictions on the buyer’s benefit period, the law tends to be limited to the relevant conventions. At last, study how to protect the rights of the buyer in deprival of interest in expectancy and balance the interests of the buyer and seller.The fifth parts, according to the installment sales contract title retention clause analyze the buyer’s rights. The general convention is to retain ownership of the buyer to pay the full price before the seller retains title to the subject matter. Retention of title in the sale of the buyer generally enjoys the expecting right and form the core of the right to retain ownership rights clause in the buyer’s right. This part of the article analysis the clause of title retention, then analyze the right of a buyer in this case.The last part, combing the basis of the entire contents the article analysis the deficiencies in the law system of installment sale. By understanding installment sales contracts, this paper presents recommendations for installment sale of the legal system in order to make a useful reference for improving the installment sales contracts.