On Retention Of Title

The thesis focuses on the buying and selling title retention which connects installment business and the ways of title retention and offers deep and systematic discussions on some topics on the theoretical and practical levels of this system. This thesis is divided into five parts:The first part is the brief introduction of title retention and some basic questionsconcerning this system-----its conception, functions and types. Title retention includes fourtypes: prolonged title retention, extended title retention, delayed title retention and complex title retention. This part also displays the reforming process, of title retention concerning the embodiment and development of title retention in Roman Law, German Law, French Law, British Law, American Law and the Law in Taiwan and the Main Land.The second part concerns about the legal character of title retention. Firstly, the thesis mainly introduces and analyzes the discussions on the nature of title retention. Secondly, the author's opinion is presented that the nature of title retention is a kind of authority warranty, that is, a kind of aval.The third part is defining title retention. Firstly, there should be the prerequisites in order to define title retention. In this part, the thesis analyzes the different legal structures of the different contracts of buying and selling title retention and points out that title retention should be defined in an explicit way. Secondly, as to the methods of notifying title retention, the thesis holds the opinion that inuring should be employed when it comes to estate and special chattel such as vehicles, ships and spaceships, and countering should be adopted when it comes to title retention of chattel. Apart from that, invoice system should be introduced into register system. Thirdly, the thesis discusses the topic of formatting provisions of title retention, and demonstrates the opinion that the seller offering formatting provisions should inform the buyers of the existence of this provision in a sensible way. Fourthly, the object in defining title retention can be chattel and estate, but living livestock is excluded.The fourth part is the effectiveness of the title retention. Firstly, the sellers have the recapture right. This section introduces the laws concerning this issue abroad and in Taiwan,states the content. conditions and procedures of carrying out the right of title retention of the sellers and discusses the issue of the right for the sellers to sell it again. Secondly, the study on the anwartschaftsrecht of the sellers and buyers is carried out in the aspects of its legislation nature, different opinions on this issue and its realization. Thirdly, the effectiveness of title of retention toward the third person. This section is mainly about such issues as the relationship between subject matter punishment and the third person, right subjects when the third person infringes upon subject matter, the relationship between title retention and compulsive enforcement and the bankruptcy of the party while title retention subsists.The fifth part is about the co-opetition relationship between annihilating the buying and selling title retention and other hypothec rights. The prescripts about annihilating the buying and selling title retention as well as rescinding, terminating, repealing and invalidating some provisions of Contract Law, generally, apply to buying and selling title retention, but the special factors in inner structure should be considered when it comes to annihilating the buying and selling title retention. The co-opetition relationship is also analyzed between title retention and chattel hypothecation, chattel pledged assets and lien.