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Research On System Of Ownership Reservation

Posted on:2012-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:Q HeFull Text:PDF
Abstract/Summary:PDF Full Text Request
Title retention system be recognized in the legal system of different countries and frequently be used in practice.But the provisions of this system is very limited in Chin.In order to better balance conflict of interest in various obligee,this paper adopts comparative research methods.Through the research and analysis on the Ownership Reservation effect all legislation and judicial practice,and according to our country's Suggestions of perfecting the status quo,in order to achieve the unity of legal interior.And for the obligee and judicial organs behavior to provide accurate basis.This paper points preface, text and conclusion three parts.Preface parts mainly introduced the Ownership Reservation system in the current situation of our country.Text is divided into five chapters.First chapter is an overview of the title retention.Discusses the concept and the retention of title theoretical basis. Countries and the concept of circles on the retention of title insight,based on the analysis of the various views of ownership shall define trying to keep.Though title retention real across two legal claims,but its in two legal all have existing legitimation theoretical basis.The second chapter is Ownership Reservation of establishment and public,Ownership Reservation usually exist to retain terms.Although the establishment is closely related with the public,but there are different.Established in saving clause on concern the effectiveness of between parties.This paper mainly studied and retain a time of founding the object scope.Public attention is third on the effectiveness of saving clause.Countries in terms of openness to retain for with secret sexual choices between different and set a different public form.The third chapter is Ownership Reservation inward effect.This chapter is divided into betray a person to the recall to the buyer expectations right.The definition of internal validity after become effective of points on the retention of title,the buyer without payment or the presence of other default lead to price when cannot achieve,sell the person's rights and interests protection and reserves the rights and interests enjoyed by after become effective of the buyer.Due to sell the person's rights protection means and the rights and interests enjoyed by buyer is more,but recall and expect right is peculiar in the retention of title system,thus this chapter discusses the condition, scope and recall the legal nature and expect right, conceded sex etc.The fourth chapter is Ownership Reservation foreign effect.For maximum safeguard the rights and interests of parties and a third person,this chapter separately from the third thing is sold to keep things, or the third person violations reserves to set up reserve the thing is the guarantee and bankruptcy reservation when content attributive Angle are discussed in this paper.The fifth chapter is about the perfect our country's Ownership Reservation suggestion.In order to protect and balance between the interests of the right holder,the author suggest the legislation to establish and perfect the retention of title registration system. Give full play to the validity of the Ownership Reservation system.The conclusion is mainly to the aforesaid content generalizations.Based on the retention of title system can make creditors in delivering goods avoid when transfer ownership.And can make the debtor shall be separately to provide security but can not use value of the goods shall be used.Convenient both parties and made the win-win result.Thus it gets more and more the favour of people.But "contract law" the 134 just to set the retention of title system principle and Maneuverability sent.Therefore, according to China's national conditions and combining with legislation and practice of other countries for reference.Perfecting tthe Ownership Reservation system is necessary.Avoiding occurs too much dispute in transactions.Maked China's economic market is more and more active and prosperity.
Keywords/Search Tags:OwnershipReservation, establish, publicity, effect, registration
PDF Full Text Request
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