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Ownership To Retain The Right To Expect

Posted on:2007-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y F CuiFull Text:PDF
GTID:2206360185983335Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Retention of title has been widespread in western countries ,and it plays irreplaceable effect in promoting financing funds, circulation and using full matters .With China joining WTO and market economy developing rapidly, Retention of title will play more important effect in our country. But this is decided by building of the system, and there is not legislation of retention of title in our country. Expectant right is the important part of the system of retention of title. Whether this right can be better used and protected will impact the application results of the system in practice. Therefore, this article focused on the study of circulation problems of the expectant right of buyers in retention of title and conflict resolution in the course of the circulation with other rights in practice on the basis of theoretical analysis.The first chapter is about the summary of expectant right and expectant right in retention of title .First, the writer made a comprehensive study of expectant right and re-orientated the nature of the right On this basis, the writer studied the typical expectant right—the buyers' expectant right in retention of title and made my views: neither is the buyers' expectant right property, nor is creditor's right or a special right, but the expectant right is the right opposed to the acquired rights - the right of ownership and is the expectation to ownership rights.The second chapter is about the scope of retention of title and application according to retention of title in other fields. The writer thinks the retention of title can be used in chattel and real estate. During the writing, the writer was inspired by the retention of title of physical objects, and had one question: whether all the rights could be exchanged similar to retention of title. So the writer analyzed all the civil right and concluded that land-use right, some creditor's rights and intellectual property could be exchanged similar to retention of title. So ,there are expectant rights to property, creditor's right and intellectual property. The writer called this exchange "retention of right".The third chapter is about the exchange of expectant right which is one of the most important parts in mis article. In this part, the writer tried to study all the exchanges of expectant right and analyzed transference,pledge and goodwill achievement The writer...
Keywords/Search Tags:expectant right, retention of title, the buyers' expectant right, retention of right, usufructuary right, security right
PDF Full Text Request
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