Font Size: a A A

On The Installment Sales Contract The Buyer The Right To Legal Protection

Posted on:2012-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z L ShenFull Text:PDF
GTID:2216330338972489Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the progress of human society, rapid economic development, installment sale in the modern life has important implications. Installment sale system as a very competitive market economy, a trading are widely used around the world, but our country's lack of broad and deep. This article appeared in installment sale for the problems in order to protect the interests of the buyer based analysis and innovation, by way of comparative study, focusing on legal regulation in developed countries, through the purchase by the Installment Sale The value of the interests of analysis, the choice of the legislature.Explained from a macro level, the first installment sale as one of the ways the credit supply and the economics have value. The principle of equal protection principle and the weak protection of equal rights for the adjustment of the relationship between type of interest is important. For the protection of the interests of the buyer constitutes a developed country during recent installment sales contracts in the form of legislation to regulate the content of the basic reason. In view of retention of title and the close association between the installment sale, to be reserved for the ownership of the system to be studied, in analyzing the pros and cons of various theories, based on the retention of title are made of ownership of security point of view, and proposed ownership of the reservation contract problems. Installment sales contract for the buyer's rights in detail, analyzes the buyer entitled to possession, use, usufruct rights, Department of parallel relationships and expectations, and expectations of the buyer the right to dispose of other rights. The buyer can also redemption rights, then sold and the Accession System claim back the right to limit the exercise of the seller to protect the legitimate interests of their own. Installment sales contract the buyer interest protection, especially in the case sold for the protection of the rights of the buyer made a different sub-specific analysis. Term interests of the buyer's basic functions and the loss of terms and termination of the contract term interests of the two different legal systems are analyzed in detail, that the loss of benefits should be adjusted with the termination of the contract period of coexistence of the legislative model and made comments. This paper also proposed the theoretical basis of the cooling system is on the principle of fairness, the Department of the new system of legislation should be filled.Installment of the legal system is currently still quite imperfect, there are still serious in many parts of the blank, the existing law also keep up with the actual situation of installment sale, the buyer the right to put forward a sound and therefore legal protection of specific envisaged in the hope of securing transactions and transaction efficiency can be achieved simultaneously.
Keywords/Search Tags:Installment, Sales Contract, The buyer the right to, Legal Protection
PDF Full Text Request
Related items