Retention Of Title To The Sale Of The Seller To Retrieve The Right To Study

In the retention of title, the recall right the bargainer exercises is a means to fulfill the obligatory right of money, which affects the interest of both the bargainee and the third party. This article works on the recall right in relative countries and regions, and offers some suggestions on the future legislation of recall system in China.The preconditions of the research in this article are: firstly, the concepts of recall, recall right and recall system are different Recall is an act; Recall right is a function of ownership; Recall system includes the contents of redemption and resale as well as recall and recall right. Secondly, ownership retaining is confined to personal property only, rather than real estate. Thirdly, ownership retaining is governed by the principle of registrating antagonism. This article consists of five parts.Guided by the thought that the legal nature of the recall right is decided by the nature of title retention, part I introduces the various doctrines on the nature of retention. The author agrees with the point of view that the ownership retained by the bargainer is complete ownership, which constitutes the only basis for the bargainer to exercise the recall right. Therefore, recall right is a function of ownership.Part II analyzes the relationship between the recall right and the right to rescission of a contract and between it and the petitionary right to get back the object owned from the perspectives of the scope, object, conditions, means and effecting domain of the exercise of the recall right Then the author concludes that the recall right of the bargainer is not only different from the right of rescission of the contract, but also from the petitionary right to returning the possessions, and it has its own value of existence. The recall right should be the core of our future legislation of the recall system.Part III discusses the types of title retention, and suggests that the scope of effectiveness of recall right should be expanded appropriately in order to make fully use of the function of title retention system. The effect of recall right includes money paid on a contract and obligatory right of it when bargainee transfers the object, and the effect of recall right should be expanded to accessions and be limited to the original value of the object when the...