Protection The Benefit Of Third Party In The Ownership Reservation System

The ownership reservation system is able to overcome the defects of traditional guarantee system and the rise of atypical guarantee system, the buyer without independent guarantee was able to occupy and use of the subject matter, the seller can retain the title to the subject matter to safeguard their rights, so as to realize the property ownership and property use effective combination, achieve effective allocation of social resources, it not only in micro can rise to safeguarding the realization of credit guarantee, at the same time in the macro has to promote social and economic development function. China’s" contract law"134th article will retain ownership system legalization, clearly defined both the rights and obligations between the parties. However, for the treatment of retention of Title transactions of the parties and the relationship between third people in the current legislation has no explicit provision, affecting the ownership reservation system in judicial practice.The seller in the setting of the ownership retention purchase before, in the object set guarantee, the guarantor shall give priority to the protection of the interests of. The academia has already reached a consensus, but also with our legal spirit consistent. The seller in the setting of the ownership retention purchase, due to the seller subject matter of ownership, and setting the ownership reservation clause only with internal validity, it should allow the seller in the object set mortgage, and give priority to the protection of the interests of bona fide mortgage.The buyer in accordance with the provisions in accordance with the law of ownership reservation occupies the object, third people have every reason to believe that the buyer shall enjoy the ownership subject matter to the seller in the object set guarantee. This should give priority to protection of bona fide third guarantee the interests of the people, this is the priority of real right and after and force a decision, and our" property law" also for third the security holder provided the benefit of security.The seller in the setting of retention of title, the subject matter in the transfer of third people have not yet been delivered, should give priority to protection of the interests of the buyer to retain, in China and" buy a two " the spirit of consistent. The seller in the setting of the ownership retention purchase, due to its subject matter has retained ownership, the seller still has the right to the subject matter of action. In this case, if the subject matter is practical for the seller or possession, ownership of the object has been transferred to the buyer in third, or subject matter." Look right" burden has been lifted, third the buyer may be entitled to the ownership of the object in the subject matter; have reserved for buyers and to pay the rest of the purchase price of actual possession of creditor’s rights, title to the subject matter belong to retain the buyer.Looking to the right is an independent right to have economic value, should retain the right buyer authorized transfer effectiveness. As for the retention of the buyer to retain ownership of the title to the property to make unauthorized transfer behavior, can be in accordance with the relevant provisions of the bona fide acquisition processing.Retention of buyer’s creditors of subject matter for enforcement, the seller may have been based on their right to ownership of subject matter for enforcement objection and termination of execution; and if the creditors of subject matter for enforcement, because our country law did not look right for the right to dissent, the priority should be to protect the seller for the benefit of creditors.