System Of Retention Of Title-related Issues

The dissertation has deeply researched the legal nature, enactment, and the announcement of the proprietary rights retention; and dissuades the right conflict and balance of the parties which is concerned to application process of the system .Based on referencing the other countries' legislative experience, the article also put forward its own viewpoint on perfecting the legislation of proprietary rights retention in China.The first part, according to the two viewpoints of ownership transfer and debtor's warranty, dissuades, classifies and comments on the legal nature of all the theories of proprietary rights retention which scholars have researched. At last, the author puts forward his viewpoint on the legal nature of proprietary rights retention.The second part analyzes the enactment methods, occasion, objective range and announcement methods, etc; comparatively researches on the advantage and disadvantage of Register the doctrine of coming into force and Register the face-off doctrine , also put forward the legislative suggestion of proprietary rights retention in our country.The third part dissuades the right structure between both sides parties which are arisen from the legal relations of proprietary rights retention, emphatically researches the looks forward to right and redeem right of buyer, the fetch right, right that terminate an agreement And resell right of seller. Then, detailed analyzes the right conflict and balanced which are arisen from the action and specific legal deed of both parties and the third person, after the proprietary rights retention has been enacted; also mainly dissuades the right conflict and balanced which are arisen from the both parties action, the one party bankrupt, the object damaged by the third person and the third person damaged by the object.The last part in brief introduces the legislative practice in the world, such as Romance law, German law, common law, French law, Japan law and Taiwan region law. According to referencing the above countries and region legislative experience, the article put forward its own suggestion on perfecting the prosperity rights retention in our country.