Theory Of Title Retention System In The Legal Status Of The Buyer And The Seller

Ownership retention system is a outcome of market economy development in certain stage. The system not only solves guarantee needs of sellers but also eases the financing pressure of buyers. The system is flexible in solving many practical problems, but it also causes new problems. The thesis discusses legal status of the buyer and seller in ownership retention system. The thesis can be divided into following five parts:The first part is an overview, including definition, features, and types of ownership retention system; its theoretical development at home and aboard; and significance and classification of publicity of ownership. This part is used to lay solid foundation for further analysis.The second and third parts are the core of this thesis. The second part analyzes legal status of the seller in ownership retention system from the perspective of the seller. It can be divided into three sections:analyze legal status of the seller from the perspective of ownership; analyze legal status of the seller from the perspective of creditor’s rights, and legal restriction of the seller.The third part analyzes legal status of the buyer in ownership retention system. It includes three parts:legal status of the buyer, expectation right of the buyer (connotation and relevant theories), and reasons for extinction of expectation right of the buyer.The fourth part analyzed the conflict between the buyer and the seller in ownership retention system. The analysis is conducted through two aspects:interior right structure analysis and exterior effect analysis.The fifth part is about several assumptions on development of ownership retention system. It includes four parts:future ownership retention system in China; integrate ownership retention system with guarantee law system; definitude rights and obligations of two parties; and establish register system of ownership retention.