Retention Of Title System Research

It is by no means fortuitous in many countries and regions that the reservation of title has status in the legal system. With the development of the industrial revolution and the credit economic in the end of the 19th century, reservation of title combined with progressive payment in the business contract. The subject matter can guarantee itself in this system. Oblige will fall back on neither anyone else nor anything else. The system becomes the miracle in the legal system because of its feasible and validity. Because of the different legal systems and legislative systems in different countries, there are various names about the ownership reservation. Anglo-American law system called it"conditional contract". The countries which belong to the civil law system and do not admit the independence theory of Juristic Act of Real Right also called the same, such as French, Japan. But the countries which belong to the civil law system and admit the independence theory of Juristic Act of Real Right called it"ownership reservation", such as Germany. With the development of credit economic, security features and finance functions of ownership reservation show more advantages than other guarantee ways.There is only the rule in principle about reservation of title in our law system, such as the 72nd article of General Principles of the Civil Law, the 84th article of Suggestion on General Principles of the Civil Law as well as the 133rd and 134th articles of Contract Law. All above are not able to complete the reservation of title system. It just builds up the basic of the reservation of title system and provides the rule in principle. It does not provide the specific rule about expectant rights and recall rights. It does not define the protection of the both sides in business even the third. So the reservation of title system has many aspects needing to be perfected.Nowadays, especially after the Jus Rerem promulgated, scholars have new controversy about the development of reservation of title system. Some scholars consider that the ownership reservation lose its seat in the background of Jus Rerem. According to the facts of our country, the author, in his article, analyzes the legal nature, the external and internal efficacy, the rights conflict and the proclaiming method of the reservation of title system, referring to the relevant laws and rules of German, Japanese and China Taiwan. Then the author concludes that it will make the reservation of title system more alive and more effective to hold back the expectant rights of the buyer and the recall rights of the seller. This article is based on legal construction of the ownership. The author analyzes the existing advantages and the disadvantages of the system, and puts forward some advices for better development of the reservation of title.