System Of Retention Of Title

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 paper contains five parts.The First part makes an exposition of the legal nature of ownership reservation. First the author makes on analysis the relevant doctrines after an explicit introduction of the doctrines, Then he maintains that it is a kind of guaranty right specifically speaking, a kind of guaranty title.The second part is about the study on kinds and Forms of ownership reservation. The former can be further divided into simple retention of title, extended retention of title, prolonged retention of title and complex retention of title. The later is composed of conditional sale, hire-purchase, mutual-deal and installment purchase.The third part expounds the establishment of ownership reservation. Firstly the retention of title presupposes the existence of agreement, the author analyses the different legal construction of contract and points out that the contract can be established explicitly or silently, the object matters ore real property and chattel apart from living animals, Finally. In the public method real property and chattels such as vehicle, vessel, aircraft etc, are registered, The retention of title comes into effect while there are recordings of chattels in the register bill, they can defend anyone.The forth part is classified into two parts. The first one analyses the legal effects to the parties The second one studies the legal effects to the third party.The final part is about retention of title and risk of loss. The seller shall retain title in and to the article and associated items until payment in full of the Total Purchase Price, Notwithstanding the foregoing, risk of loss or damage to the article and deliverable Associated items shall pass to the Purchaser at the time the Article and deliverable Associated items are delivered to the purchaser.