With Regard To Retention Of Title System Seller The Right To Investigate

"contract law of the People's Republic of China"(here after referred to as"contract law") is implemented in more than several years, promote the gooddevelopment of the market economy of our country to make great contribution to thenorm, dispel three major contract law different conflict of regulation in the past , is itoffer fine guarantee very to protect for market subject normal running and rights andinterests, have offered for handling relevant cases smoothly in the judicial authority andunified the effective standard. "contract law"founds multiple new systems, it is oneamong them that ownership keeps the system. Article 134 of "contract law" stipulatesclearly parties must agree on the passing of title:"The party can agree on buying andhas not been performed duty of pay the cost or othering by people in the deal contract ,the ownership of the subject matter belongs to and betrays people.""contract law" Ecourse original intention stipulated to go on to it hopes to be canwith simple and convenient way maintain and legitimate rights and interests of bothparties of the balanced contract trade course o in article 134 Ensure the normal tradeorder. But system this general regulation that a lot of drawback happened to exposecause among them to betray people with is it receive people thus incident conflict ofright influence and deserve greatly extremely to buy relatively Full play of systemsuperiority .Among this page article, I divide into three part is it go on expound the fact anddiscussion synthetically to reserve the right to betray people to ownership in the system.First part Having described the basic theories knowledge that ownership keeps,namely concept , developing history , legal provisions of various countries thatownership keeps. As one judgement rule, ownership keep whom system reflect to betraypeople through keep ownership reduce contract risk, maintain one's own contractinterests.I theory and of various countries legal provisions about betray people keepdispute of nature of ownership compare and analyse to scholar, draw ownership betrayright that people keep nature to enclose to stop terms in keeping. Obtained ownershipaccording to contract performing duty of paying the bill or other obligations as buyingby people;Or before the other obligation, subject matter ownership belongs to andbetrays persons in is it perform duty of paying the bill people to buy.Second part Have expounded the fact that the object range that people kept theright and involved is sold. To stipulating and different theories dispute which eachscholar launch about the object range of different objects range which various countrieskeep about ownership at present, I think, the object that the movable property keeps asownership has no dispute at present. The object when can be kept as ownership aboutthe real estate, the legal provisions of various countries differ, the scholar has differentview. I do not think a lot of countries only classify the real estate as the object thatownership keeps, because ownership of real estate is it is it register to need, is it haveannouncement nature and public trust to register to transfer. And the transfer about theownership of the real estate of our country needs registering, but there are his rightcolumns in registering the column, I think in order to benefit balanced contract parties,can carry on real estate registration that ownership transfer first, but can right indicatethe situation that ownership keeps of the column in him, after buying and is performedduty of finishing, cancel this to keep and register.The third part Have expounded the fact that the content of the right that peopleprotect is sold. At present about betray people keep content of right have different view,it is generally acknowledged in is it perform duty of paying the bill people to buy orbefore the other obligations, sell people can exercise right of fetching in subject matter,is it can fulfil obligations still within certain time limit people to buy, selling people cancancel the contract and have rights to resell the subject matter. I think, this kind of viewhas put upside down the basic relation of rights. If contract does not cancel, buy peopleon the basis of debt of deal contract to to it occupies to be legal subject matter, betraypeople and exercise the right of fetching without having legal basis withoutauthorization. I think should fetch right sell people return in property ask for right, thiskind fetch prerequisite that right exercise must to cancel the contract first , is it buybetween people and to occupy and losing the legal basis subject matter to make,betraying talents has rights to exercise the right of fetching. I through to betray peopleexercise right of removing and fetch composition analysis of important document ofright and to betray people exercise two legal argumentation of result of right these in thepart, is it betray people exercise right of cancelling and fetch right maintain one's owncontract view of interests in accordance with the law only to express.Through the argumentation of above-mentioned three questions, I hope to makesome contribution to development and construction of the contract law of our country.