System Of Retention Of Title

Title retention is a kind of institution that the owner of property shifts the possession to the other part, holding ownership until the other part pay all the cost or finish specifically condition, according to law or the party's appointment, in the trade of shifting ownership. Comparing to traditional security property, the special law construction balances the rights of parties more effectively. Because construction of title retention makes the practical vest of right different of the surface, it makes easy to create the conflict of rights between the parties and the third one. hccording to present law in our country, there is the rule in contract law in which only admits the existence of sale of title retention. So the interrelated content of title retention doesn't have detailed rule, specially the publication. The other hand, there is little article concerning interrelated content. So building systematic publication of title retention conduces to make up the blank of civil theory and practice.The article disclosed the origin of conflict is the law construction of title retention is inconsistent from the trade of property publication, pointing to the conflict between parties and the third one. The article describes the antagonism between the modes by comparing the difference among Germany, England, USA and Taiwan area. The author expects to contribute little force for our country by the article.This article contains preface, body and conclusion. The body has four parts:Part 1: the basic theory of title retention. The title retention dates back to the stage of Roman law. But the rule of Roman law is different from modern regulation of title retention. First, the part describes the meaning and function of title retention; Second, comparing the difference among kinds of theory, the part analyses and discloses the nature of title retention. The author thinks the nature should contain two parts: as the shift of ownership concerned, the title retention is shifting ownership with condition; as the debt guarantee concerned, title retention is secure ownership. At last, the article describes the object area of title retention. The author thinks the object should limit movable property.Part 2: the conflict between the rights in title retention. The part describes the special construction of title retention. The owner owes ownership but no possession, the other part possesses object but no ownership. The part discloses the construction of title retention has conflict with traditional movable property publication, which is that possession is the publication way. Because the conflict leads to shock of rights between parties or parties and the third one, The only way to solute the conflict is to construct publication system of title retention.Part 3: the publication of title retention. First, the part introduces kinds of countries modes. By comparing the difference, the author suggests the publication of title retention should choose the defensible mode of register, and should limit the area of movable property. Because the defensible mode of register as the same defect as the creation mode of register, which is that register will leak the commercial secret of parties and add the burden of the third part. This article learns from American "register of financing statement" and "debt statement and list of security" to make up defect, and suggests to construct kinds of accessory publication, which is administer to apply different way according to different movable property. What's more, the accessory publication has no defensible validity. Because of the nature of movable property, the area of object in title retention should be limited.Part 4: the construction and balance of rights in title retention. The seller's recovery right and the buyer's expectation right balance the right of parties. First, the part describes the buyer's expectation right, which is ownership's expectation; Second, the part brings in the recovery right of seller, which will be protected only when buyer doesn't keep his word or there is the condition regulated by law. Because of the special construction of title retention, the third one always doesn't know the exist of trade between parties, which will compromise the right of the third one and damage the trade security. The article constructs the defensible mode of register which will be effective to harmonize the rights conflict between parties and third one. the title retention will play an important role in trade.