On The Reservation Of Ownership Sale And Purchase

With the development of economics the system of retention of title was adopted by many countries and was provided in "General Principals of the Civil Law" and "The Law of Contracts" in our country. Compared with other countries' provision, our country's provision is very simple. In this thesis I want to expound this system with reference to foreign legislations and theories in order to make contribution to our country future legislation.This thesis consists of four parts, about 30000 words.In the first part the history of the system of the retention of title, the different legislations of the retention of title and the types of retention of title were introduced simply. Then the more attention was paid on several questions that have long been the subjects of heated debate. The first question is whether the security and immovable property can be the object of the system of the retention of title. My answer is that they can .The second question is whether the creation of a contract with the retention of title can be reached by implication. Many scholars argued the creation can't be implied As for me, I think in some special situations the creation of a contract with the retention of title can be reached by implication. At last how to display the retention of title was discussed and I hold this position that the theory of "written creation and registered antagonism" should be adopted in legislation in our country.Part two mainly discussed the seller's rights and obligations in a contract with the retention of title. First, many kinds of theories on the nature of reserved title were introduced in details and then I brought out my opinion that the reserved title is a title for security. Second, the seller's another important right called recall right was discussed, such as the nature of recall right, in what conditions the recall right can be exercised, how to exercise recall right and the effect after the recall right is exercised.Part three mainly discussed the buyer's rights and obligations, especially the buyer's expective right. First I introduced scholars' theories on the nature of expective right and then I argued that the expective right is usufructuary right.Besides the buyer's expective right, the buyer's redemption right also was studied in this part and it was pointed out that in our country future legislation the redemption right must be provided in the law so as to protect the buyer's interests.The last part studied the question that what rights the two parties have when one of them go to bankruptcy. I hold this opinion that where one of the parties bankrupts, the other party have the right to terminate the contract, the seller has the recall right not the exemptiom right where the buyer bankrupts and the liquidator has the right to refuse to accept the buyer's performance where the seller go to bankruptcy.