Research On The Retention Of Title System

Title retention system from Roman law, to the late 19th century, widely used in western countries. They will retain ownership as a kind of guarantee way, combining with instalment buying and selling, is widely used in property transaction activities. In our country "contract law enacted before, legislation for title retention and not prescribe. In 1999, our lawmakers will title retention system transplantation in the law of contract (134). But this legislation is too simple, difficult to operate. In this paper, the legal nature of retention of title and relevant parts of a deeper discussed, and the implementation of the program for the design of related ideas, put forward to expect to suitable for the retention of title system in practice of standard operation help.Firstly the concept and characters of the retention of title analysis, as the trade development, the type of retention of title has exceeded simple title retention boundaries and developing extended title retention and expansion of many new types of retention of title. Meanwhile, the author discusses the legal nature of retention of title, many theories of international scholars for ownership horizon and distinguish the two big vision security rights under the dividing line between the theoretical contributions to introduce these theories, and analyzed their defects. On this basis, the paper points out that the legal nature of the retention of title, namely, a thing of guarantee, and the debt is a typical of the guarantee that the law.Introduced the world title retention historical evolution and the legislative practice. The retention of title system for countries formation, development, current situation and theoretical background analysis, expounds its historic track and the status quo.Based on the existing defects of retention of title legislation are analyzed, these defects involve title retention object scope limits, title retention of the public way, title retention in the protection of the right of buyer expect problems, title retention of the seller recall how exercise problems, title retention and chattels of real rights for security happened when handling impeling factors, title retention in the compulsory execution occasions handling and retention of title at the seller or the buyer ruin specific operation method, and many other problems.Put forward the retention of title system perfecting suggestion. These include: defining the retention of title system range, clear title retention object of the public way, clear system in the retention of title protection buyer expectations right in the retention of title, protect the recall, seller expressly title retention and chattels impeling factors of real rights for security when specified legal consequences, the retention of title in the compulsory execution occasions retention of title process and enhance the regulation at the seller or the buyer the specific operation norm ruin, etc.