System Of Retention Of Title

Investigate ownership reservation history of the system, can trace back to the Rome law. Rome have similar regulation once at the law. Germany's common law stipulates to it too, just under the economic environment at that time, not in good graces. Until the latter stage of the 19th century, the supply and demand following industrial revolution swelled to make credit economy rise.as a vigorous news force, And the conversion of people's traditional idea of pattern of exchanging, Instalment payment becomes a popular trade way day by day, However, pursue the contradiction between the high-efficient, fast trade way and not ripe credit system excessively, cause and should trade the way and have enormous risks. In order to guarantee trade's security, People throw sight to assure debt. True, instalment payment can be assured with the tradition to combine to reduce the trade risk, But assure to demand to look for the credit of assuring the subject matter or expecting extremely much existing in tradition, And establish, implement the tedious drawback of the procedure, have often exercised restraint in paying by instalments in such high-efficient trade way. Ownership reservation, needn't ask, on people, needn't ask all on he thing, establish, implement procedure advantage such as being simple also with their, As soon as combine with instalment payment, demonstrate its enormous guarantee function.Ownership reservation the system, balanced with the interests on its microcosmic, it is the aim that the trade is safe, Through buy, enjoy and betray people's issue to subject matter personnel collect amount risk dissolve and conbinimg together correctly. Reach the equilibrium of a kind of interests, Accord withmodem wade benefit and a kind of system of the security idea.This text is on the basis of analyzing various countries' legislating, legal precedent, theory. Keep the system and carry on the discussion to ownership. The article is divided into 5 parts. Part one Mainly probe into the rationality that ownership keeps the system and exists, it is economic to credit that I pass (i.e. market economy) operation principle and analysis of the non- complete enormous commercial risks existed toward economic development of the market, And on this basis, keep system and tradition and guarantee to ownership the way is compared, Think ownership is kept with it's unique function and value, can remedy the tradition and assure the deficiency of the way in modem social economic development, it accords with modem economic development safe requirement to efficiency and trade. With the fast development of economy, the transition of consumption ideas of people and diversification of trade way, ownership will inevitablely be paid attention to more and more by people while keeping the system, so our country legislates to pay its sufficient concern.The second part of the article is summaries of keeping the system to ownership, concept, type and object which I keep in ownership of this analysis. On the basis of drawing lessons from Germany, Italy and Taiwan of our country and legislating, I think the object range that ownership reservation should be limited in the movable property and allowed on the real estate, the real estate should not become its object.The discussion of the resignation system that ownership keeps is a key discussion part of this part too .As to the movable property, our country should adopt and register the face-off doctrine.For allow real estate, should adopt and register the doctrine of establishing.The third part of the article is a key part of the article, this part discusses the legal property question that ownership keeps the system especially, I think ownership keep system to based on, betray people protect some ownership of integrality and elasticity natures, through enclose transfer way to stop condition come, give play to system to guarantee the function. Single thinking ownership is kept can't be ownership or guarantee right.The Fourth part of article discuss ownership right structure and inherent operation mechanism to keep system mainly. I think what .is bought and is enjoyed is to look forward to right, it's time to expect right is the expectation right to the subject matter ownership, therefore it has certain real right attribute. Should expect at the same time right is one Kind of the right, buying and receiving people is can be to it in order to punish, just this ldnd of punishment should receive certain restriction.To the right of fetching betraying people, because our country legislates not to set up and Taking—back right system at present,I think it doesn't cause the cancelling of the contract to fetch the enforcement of right, it is for the realization of the contract to be opposite.The fifth part of the article is to construct the imagination that ownership keeps the system to our country.I pass the analysis to our country's current legislation, combine one's own understanding to the retainment system of ownership. Put forward it to constructing the ownership guidelines and some concrete relevant problems of keeping the system of our country.