Research On The Protection Of The Buyer’s Benefit In Sale Of Title Retention

The object of this article researched is protection of the buyer’s benefits in saleof title retention. Title Retention is a kind of atypical guarantee, It gradually get thewelcome of people because of its unique value，and it obtained the application intoday of credit economy with rapid development. However the provisions of titleretention in China are relatively few, and there is obvious value orientation in theexisting regulations, it is that lawmakers or scholars often pay more attention to theseller’s benefits, and ignore the buyer’s interests in a certain extent. Therefore, inreference to the different legislation and theories at home and abroad, the articleprobes into the problems of interest distribution value orientation and principles intitle retention and the ways of protecting buyer’s benefits, taking buyer’s benefits asan angle.The article contains preface, body and conclusion, and the bodies are three parts.The first part provides an overview of some basic problems of title retention.After introducing the concept and value of title retention, this chapter introduces theembodiment of title retention some countries or regions. Combined with the basicproblem of title retention, The article first analyses the importance of valueorientation in distribution of interests, and proposes by the method of balancing theinterests to guide their value orientation; after that the chapter analyses the principleof balancing the interests, and think that the principle of protecting the weak should be used as a basic principle of balancing their interests.The second Part makes researches on positive ways of protecting of the buyer’sbenefits in sale of title retention. The chapter focuses on the aspects of expectant right,disposal action and setting up guarantee behavior of the buyer. First, the chapterdiscusses transitional and supportable feature of the buyer’s expectant right, anddiscusses the against effectiveness and the nature of the transfer of expectant right indetail; second, the chapter proposes own view about the effectiveness of the disposalaction and setting up guarantee behavior of the buyer, and think that it should bedifferentiated between different situations combined with interest demands of buyersand sellers and security of trade.The third part t is about the negative ways of protecting of the buyer’s benefits insale of title retention. The chapter makes researches on angles of the limit of recallright and the limit of bankruptcy administrator’s rights in the bankruptcy case. Thispart discusses the nature of recall right and the ways which limit exercise recall right,and puts forward protecting of the buyers’ benefits by giving them right of redemption.In the sellers’ bankruptcy case, the chapter thinks the bankruptcy administrator has noright to refuse the buyer’s request of continue to perform the contract, and the chapterdiscusses about how to limit the buyer abusing of recall rights in the buyers’bankruptcy case.