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Reservation Of Ownership Rights Conflict And Coordination

Posted on:2012-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:W X YinFull Text:PDF
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Different countries have different definitions of the ownership reservation. As far as our country is concerned, we connect this system together with the installment contract, which causes a series of right conflicts due to the over regulations in the process of actual operation. It also puts the application of laws in dilemma.In order to reflect the conflicts of the right of "ownership reservation" in a better way, the writer starts from a case of her own experience and combines other similar cases. With the orientation of "Greatness in Trivialness", the writer emphasizes on the deep statement of the issue:The Relationship between the claim right of contract creditor’s rights and the warranty of the ownership reservation. In the writer’s opinion, to give up-or deprive of a civil right acquires the agreement from persons involved and the regulations of law. Since the ownership reservation is a special warranty, therefore, when the seller is not able to realize his or her obligatory claim, it is legal to require the recall right of the ownership reservation, this is also the fundamental legislative spirit of the ownership reservation system. If the so-called "choice relation theory" is accepted, then the law of ownership reservation would be no wonder a big burden for the seller part, because once they choose the obligatory right, they would also face to carry the risk:the obligatory right is not fully executed; Once they choose to get back their products, they would also face up to the value loss of their products and make themselves the sacrifice of the law system.Meanwhile, the writer also collects more concerned regulations about the ownership reservation and analyzes its different sorts so as to give rise to the other right conflicts which are caused by the system of the ownership reservation. Combined with the jurisprudence knowledge, the writer will also give her analytic opinions on series of existing arguments towards the right conflicts.The related right conflicts of the ownership reservation system need to be further improved. In the last part of the article, with the expectation of the further improvement of the legal system, the writer shows her own opinions and advice of the major conflicts and suggests regulations on:the application range and publication issue of the ownership reservation; the recall right of the seller.
Keywords/Search Tags:Right of the Obligatory Claim, Warranty Right of the Ownership Reservation, the Right Conflicts
PDF Full Text Request
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