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On Retention Of Title System

Posted on:2006-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:L Y FangFull Text:PDF
GTID:2206360155961723Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The article analyses the basic theory of the ownership-reserved system.The first part mainly compares the legislation of the ownership-reserved in different country.The second part clarifies the basic types of the ownership-reserved and the relative concept, points the difference between the ownership-reserved system and the other similar system.The third and forth are very important. The third part studies legal character of the ownership on the basis of legislation, practice, and all kinds of theory, the author puts forward the conclusion: the ownership-reserved system is the ownership transfer with cease clause from the angle of the ownership transfer, and takes on the guaranty function from the angle of guaranty for debt right.The forth part is the buyer's right of expectation. Before discuss the buyer's right of expectation, the article sets forth the right of expectation notion, character and type. Then clarifies the character of the buyer in the ownership-reserved trade: the materialized or more effective debt right. At last, the two problems about protecting the expectation right are illustrated: one is protecting the seller transfer objectives ownership and expectation right, the other is protecting the third party's infringe.
Keywords/Search Tags:The ownership-reserved, The character of the ownership-reserved system, The right of expectation, Reserve the buyer's right of expectation
PDF Full Text Request
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