Reserved Ownership Of The Trading System Research

This dissertation presents a thorough and systematic study on the legal system of ownership reservation purchase with the marriage of payment by installments and ownership reservation in the theoretical and practical aspects. The whole content contains five parts:The first part makes an exposition of the legislation and the reasonableness of its existence. There are some economical and legal reasonableness thereafter a brief introduction about the legislation of German, France, America, England and Taiwan Region of China . Economically speaking, payment by installments makes a double-win between the buyer and the seller, and it stimulates industry and business to be prosperous. Legally speaking, ownership reservation purchase, with its excluding characteristics, successfully guarantees the performance of the creditor's rights in cash of the seller's.The second part discusses the legal nature of ownership reservation purchase. Firstly the author makes an analysis the relevant doctrines after an explicit introduction of the doctrines. Then he maintains that its innate ownership rather than a new kind of guaranty ownership. Thanks to the ownership on the sold goods, the seller's creditor's rights would come into true.The third part expounds the establishment of ownership reservation purchase. Firstly, the object matter is movable property without any restrictions; in the case of the formalism of legislation, there is no necessity for the real estate both theoretically and practically. Secondly, the author analyses the different legal construction of the contracts about ownership reservation purchase in the cases of varying modes of ownership transfer and points out that the contracts should be established explicitly, and then puts forward some measures concerning the finalization of the contracts.Thirdly, ownership reservation purchase comes into effect not publicized but in a written form.The fourth part analyses the internal legal effects with the emphasis on rights of recovery and rights in expectation. Rights of recovery originate from America and are adopted by the Taiwan Region .As an independent legal system of Anglo-American Laws ,it is hard to unite discharge of contracts so as to be accepted by the system of civil law. So the author holds that ownership reservation purchase should be formulated in the system of civil law in China's coming legislation, and the seller should enjoy the right of discharge with time limit. To the right in expectation, the right enjoyed by the seller is with the character of ownership, and the buyer is able to transfer the right to the third party without the consent of the seller.The fifth part studies the external legal effect, which contains the following problems. The first one is concerning deliverance with instructions and disposal without ownership among the relationship between the object and the third party; secondly, the author believes that that mortgage of movable property is not applicable to bona fids acquisition. Thirdly, the delayed ownership reservation is a manifestation of the trend from the field of consumption to the field of industry and business; and also he expounds on the buyer how to protect his creditor's rights when the buyer in a business -broker or manufacturer and the selling goods are re-sold in order to make profits or processed. Fourthly he discusses the problems whether the selling goods ownership reserved are property of duty or property of bankruptcy.