Research On Reservation Of Title System

This article object of study is the reservation of title system which unifies with the contract of sales.。The reservation of title system has been well balanced by its unique legal structure the round turns litigants' benefit, has superiority which the model guarantee is unable to compare.。But our country "Law of contract" has only made a simpler stipulation to the reservation of title system, lacks the feasibility. This article through model outside state-run legal regulation, unifies our country's actual situation, the choice suits our country national condition the reservation of title system's object scope, the public announcement pattern, by solves the reservation of title system interior and the exterior existence conflict finally.Paper is divided into the introduction, the text and the three parts, text points four chapters. Articles about twenty-nine thousand words。The first chapter of the retention of title system is reviewed in this paper。The retention of title system from the concept and characteristic, this paper analyzes on the retention of title function, value, introduces the retention of title system in Roman law, Germany, France, Britain, the United States and Taiwan legislation evolution and development.Chapter 2 discusses the retention of title of the object scope and to establish a way. The paper mainly introduces the retention of title of the object scope is movable property, real estate shall not apply to the retention of title system. The establishment of the retention of title shall adopt the "was written-the opposing doctrine" of the public way.Chapter 3 shows the retention of title of the internal structure.。The first quarter for the retention of title of the buyer, the buyer expectations right analysis to the legal nature of the buyer is right to the title to the subject matter to rising interest for the rights of the formation of the real right after with the nature of the creditor's rights and special rights; Expectations right as an independent's right to exist, has conceded sex; Looking forward to right is infringed upon, the seller shall be according to the retention of title business registration and whether the good will system to balance the interests of all parties concerned, the third person between violation when, should be based on the expected occupies system and the relevant provisions of the civil infringement be protected. The second quarter for the seller of the recall, recall the buyer has to statutory or breach of agreement, so that damage the lawful rights and interests of the seller, the seller has since the buyer to retrieve the subject matter in the right; The legal nature of the recall is "content ask for compensation"; The buyer is not exercise recall conditions to pay the price or not to perform specific obligation for the buyer, there are other legal obligations or agreed to exercise the recall can, should inspect whether the recall and will be necessary to exercise.The fourth chapter in the retention of title on the subject matter existence and typical guarantee competition relations, to register public trust and the third person is of goodwill to handle the retention of title and the chattel mortgage, pledge and retained competition.