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System Of Retention Of Title

Posted on:2006-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:H Y LiFull Text:PDF
GTID:2206360155966266Subject:Law
Abstract/Summary:PDF Full Text Request
The ownership reservation is that in transaction contract, the seller has already given aim thing to the buyer, and the buyer possess, use, profit, but when pay off the money, the seller still has ownership, our country's law prescribes it principle, and is short of manipulating. Because of this situation, consulting some foreign laws, the article researches the principle of ownership reservation, and put forward legislative conceptions. I hope this institution will be applied in economy actions. The following is about its chief contents.The first section gives a brief account of the ownership reservation institution. Expounds the conception and characteristics of this institution. Handles the extensiveness of the object, it points out that there should be limitation to Non-fixed assets, and illustrates the categories of the ownership reservation.Section 2 introduces various theories relating to that system. It deems that ownership's transform and debt's guarantee are two important angles of view so the character of ownership reservation is that it has guarantee function, and assists conditions for suspension.Section 3 researches on the public announcement of the ownership reservation. The author believes it will be better to take a registry prior to all status, and establishes the frame of registry system.Section 4 analyzes the relation between ownership reservation and movable property guarantee rights on the same property. The first deals with conflict between ownership reservation and movable property mortgage right .The author points out that it depends on the good will of the buyers and the registration as well .The second demonstrate the possible between the ownership reservation and the Non-fixed asset mortgage. It shows that the solution in the conflict depending on the good will of the buyer or the mortgage, also on the registration of the sale. The third is devoted to the possible appearance of the ownership reservation and at the same time the detention on the same asset The author believes that when the above two conflicts, the detention right takes the priority.Section 5 studies the effects of ownership reservation. It includes the inner effect and the outer effect of ownership reservation. The inner effect focuses on the legal character of thebuyer's anticipating right, and the seller's recapture right. The author puts forward his viewpoints.The last section illustrates the ownership reservation of our country, and founds our legislation frame. The author thinks it will be better to take a registry prior in our country. We should study the legislation of Taiwan district, set up the seller's recapture right conditions and procedures in the fulfillment of the right.
Keywords/Search Tags:ownership reservation, public announcement, anticipating right, recapture right
PDF Full Text Request
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