On The Right To Look Forward To The Buyer In The Sale Of Ownership Reservation

Expective right originated from the Germany word"Anwartschaftsrecht" The framework of the theory on definitionof expective right is developed with the works of the German scholarsin the theoretical field and the experience of the case in thepractical field. Disputes among the scholars have never stopped andthey arise from the fact that there's no definite construction ofthe expective right in the current law provision in German. Thereservation of the buyer's expective right in the sales of ownershipreservation is the most typical form of expective right. It is oftenregarded as a "monster" since it is difficult for the theoriststo define its natures. Exerting much attention on the nature ofexpective right, this author points out the nature of buyer'sexpective right is real right. Based on the conclusion, this paperdiscusses the expective right from five aspects.The thesis consists of five parts, about 30000 words.In the first part, this author introduces the general theory ofexpective right. There are three important basic inquirments of theexpectant right. There are many types of expective right and theauthor puts more attention on the buyer's expective right in theownership reservation in the sales contract.In the second part, this author discusses the background ofexpective right. The ownership reservation is one kind of legalsystem which has the connotation that in the sales contract the sellerhas already transferred objective things to the buyer, even the buyerpossesses, uses, and makes profit from the goods, the seller is stillentitled to the ownership right of the goods until the buyer paysoff part of or all the money or the obligations between the partieshas been cleared according to the agreement. Retention of title wasprovided in "General Principals of the civil law" and "The law ofthe contracts" in our country. Compared with other countries' provision, our country's provision is simple.In the third part, based on briefly commenting on severalimportant viewpoints among scholars, the author draws the conclusionthat the buyer's expective right is a special right which is similarto the real right. Even though it is not provided in the statues inthe express way, it is admitted by the case and theories. The authordemonstrates the problem from the prospective of legal protectionof both parties and perfection of the legal obstacles.In the fourth part, the author points out that the buyer'sexpectant right, with property value, can be transferred to the thirdparty. There are two manners of consignment, i. e. realisticconsignment and idealistic consignment.In the last part, the author expounds protection of buyer'sexpectant right from several aspects, for example, the legalprotection against the infringement of the seller, legal protectionfor the reservation of the buyer' s expective right against the thirdparty, etc.