Font Size: a A A

System Of Retention Of Title

Posted on:2006-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q P YiFull Text:PDF
GTID:2206360182456327Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
It has already been popular in the West to trade under the sales of ownership reservation.The legal system of ownership reservation plays a significant role in the flowes of capital and commodity.There are only fundamental clauses for ownership reservation in the "Contract Law" of our country, but the legal system of ownership reservation has not been established yet.However, along with extensive application, people realize that the legal system of ownership reservation is not good enough for regulating this kind of business.This dissertation focuses on the legal issues arising from the ownership reservation and intends to perfect it.The legal nature of the ownership reservation is a dispute in theory.The article analyzes it from two points of view.lt applies to "guarantee of righf from the point of view of guarantee of obligation while it applies to "the transference of ownership subject to conditions of suspension" from the point of view of transference of ownership.In the sales contract of ownership reservation, the parties have special rights and obligations, including the seller's recall right,the buyer's expectant right and right of redemption.The "claiming recourse over the real thing" is a better explanation of legal nature of recall right.The legal nature of expectant right is "the creditor's right extending to the real right". With considerable property value, the expectant right can be transferred.Upholding or transferring the expectant right, the buyer has the legal right to safeguard himself or acquire his corresponding compensation for the damages.The buyer is entitled to redeem the subject matter in the redemption date after seller recall the subject matter.Generally, the clause of ownership reservation should be in writing before the parties transfer the subject matter.The object of the ownership reservation should be limitation to the chattels.The ownership reservation shall be announced to the public by adopting "registration is adversary". Sometimes, one party or two parties are insolvent while this contract is not fulfilled completely. If the buyer fulfils this contract in advance, the left payments are bankrupt property when seller is insolvent;the subject matter is bankrupt property when buyer is insolvent. If the buyer does not fulfil this contract, the seller can recall the subject matter and returnthe payments which the buyer has given.In that case, bankrupt property is the subject matter or payments.lt can be arrived at the same conclusions while the parties are both insolvency.Based on the theoretical study on the legal system of ownership reservation of relevant countries and district.we think that we should abstract the advance experience abroad,in order to promote the legal system of ownership reservation.Because it is difficult to draft out the laws and regulations in a short time,the judicial interpretation can be made now.
Keywords/Search Tags:Ownership reservation, Recall right, Expectant right, Insolvency, Being announced to the public
PDF Full Text Request
Related items