Retention Of Title Case Evaluation

Reservation of title system as a non-traditional system, Its appearance can be said that the rational "economic man" make an arrangement to get the realization of their claims. This clever system, full of technical, on the one hand, make creditors through this guarantee function ensure their rights;more important is the realization of such function without the help of foreign objects with outsiders, only the parties to make an agreement, which fully stipulate the practicability of the system, reducing the transaction costs of market players;In addition, by making some modifications to the terms of retention of title, the retention of title have an effect on the goods which have been process. This arrangement can ensure the transaction security, based on the trade safety and the increased value of property, and promote the conduct of the transaction. Therefore, it can be said that the existence of the retention of title system from the individual agreed terms to existence in the form of the statute law, is a kind of demand response (civil law system to the economic demand).But to the Institutionalized system of retention of title, There should exist a clear structure with tight regulation which has a considerable span of a matching system. The author tries to get an conclusion through the perspective of the content dispute, and the court decisions taken by the content and internal legal analysis.At last, to improve the system of reservation of title, the views put forward on my own.This article is divided into six parts:Part one:case presentations and the decision of the court in respect of disputes. Judged by the opinions of the Court summarized, some views can be got on our retention of title to how the Court's view, what are inadequate. Related to questions surrounding the ownership of the system provides a target to start thinking.Part two:based on the extraction of the relevant issues involved, induction, generalization, we got a few reservations about the ownership system of thinking how to improve the construction point of view.Part three:the nature of retention of title. Retained ownership of the nature of problem, determines the ultimate goal of this system, how to build and perfect the system, how difficult problems arise when looking for a breakthrough or a focal point. I do not want to try to be different in this new, but only on the past, many scholars have been formed to sort out the main points and indicate what their views tend to be followed in order to lay a basis for elaboration of the argument.Part four:the aggregate ownership of the reservation established. Aggregate retention of title clause in the provisions of our statute law has not been, but in judicial practice, the present case, the Court seems to accept the effect of retention of title clause extending to the selling price of goods, but they did not further elaborate on the legal principle. The author through reference to national statutory requirements and the retention of title provisions of aggregate functions on the basis of research, come to conclude that the retention of title clause should provides the meaning of aggregation.Part five:the relationship between the right of retrieve power and the liability of breaching contract, the parties disagree on the existence of a significant breach of contract to recover the relationship between power and can not locate. Through research on the nature of the right back and get back the right to study the relationship between termination of the contract, the exercise of the right to come back is not necessarily the right to pursue breach of contract.Part six:the conclusion. Previously described the text as the basis of related issues, the author came to the conclusion of the reservation of title.