Reservation Of Ownership Sale Of The Buyer Of Looks Right

In this dissertation, I study the buyer's contingent right in ownershipreservation purchase. The buyer's contingent right in ownership reservationpurchase is a special right.As for the nature of the buyer's contingent right, there are a lot of viewpoints,but up to the present, none is recognized the last word. The letterpress analyze themostly viewpoints. It is false to disaffirm the presence of the buyer's contingentright. The buyer's contingent right is a special right that has both dingliche Rechteand creditor's right complications.As a special right, it has composing important documents: 1. Expect theownership of the object; 2.The buyer has possessed segment important documentobtaining the ownership of the object; 3.Safeguarded by the law. The existence ofthe buyer's contingent right has particular meanings.The buyer's contingent right is alienable. Alienate contingent right inprinciple does not need the seller's consent. If the buyer alienate the appropriationof the object, the seller's consent is necessary. If the seller exerts his right, andretake the object, the alienee of the buyer's contingent right may instead of thebuyer accomplish the term of ownership reservation purchase, and the sellercannot deny. Once the buyer alienates his contingent right, the alienee obtains theownership of the object from the seller directly.When a man who has no act of disposition sells the object by way ofownership reservation purchase, the third party in good faith can obtain the buyer'scontingent right. If the buyer's contingent right hasn't been registered, the thirdparty in good faith cannot obtain the buyer's contingent right. If the buyer'scontingent right hasn't been registered, the third party in good faith can obtain thebuyer's contingent right. If the contingent right is nonexistent, the third party canobtain nothing.Sometimes, the buyer's contingent right collides with the third party.1. The seller alienates the ownership to the third party: The seller can sellthe object to the third party, but, he should notify the buyer the burden of the object.The third party can obtain the ownership with the burden of the buyer's contingent right.If the seller hadn't informed the original buyer, the problem should be handed?If ownership reservation purchase isn't registered, the problem is complicated:(1)chattel. When the buyer occupancy the project, the third party cannot obtain theownership of the object. When the project is occupied by the seller, the third partyin good faith can obtain the project, and the third party in bad faith cannot obtainthe project. (2)Estate. The buyer's contingent right is preferential than creditor'srights. If the third party has registered the ownership of the project, the third partyin good faith obtains the ownership. But the third party in bad faith cannot obtainthe ownership.2. The buyer's contingent right is immune to the seller's bankruptcy.Outstanding after the buyer's price, the ownership of the subject matter can beobtained. To protect the buyer's buyer's contingent right, we will be able to auctionthe creditor's rights, and the price will be added in the bankrupt's estates.3. The buyer's contingent right and seoarity interest. The hypothec and thebuyer's contingent right, a.Set up mortgage before set up ownership reservationpurchase. If the hypothec has registered, the hypothec is more virtuous. If thehypothec hasn't registered, it cannot withstand the buyer's contingent right. If thebuyer knows the hypothec's existence they are coexist on the object, the hypothecis more virtuous, b.Set up ownership reservation purchase before set up themortgage. If the buyer's contingent right has been registered, the buyer'scontingent right is more virtuous. If the buyer's contingent right hasn't beenregistered: chattel, who occupies the object should be protect. Estate, the hypothecis more virtuous.If the buyer's contingent right has been registered, the buyer's contingentright is preferential than the pawnee. If the buyer's contingent right hasn't beenregistered, the pawnee should be protected. The buyer's contingent right cannotwithstand the lien.