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Study On The Retention Of Title

Posted on:2013-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2246330374481687Subject:Law
Abstract/Summary:PDF Full Text Request
The main content of this thesis is to retain ownership of the installment contract for the sale of a combination of the system. Retention of title as an atypical guarantee. Compared with the typical guarantee, Retention of title system with its unique design of the system, The retention of title system with its unique system design to solve the conflict between the buyer immediate financing difficulties and betray a person to the realization of the creditor’s rights perfectly.it modern the economic transactions efficiency and safety principles for a good combination showing a strong vitality in the modern economy society. But our legislation is not yet complete build such a system, Contract Law on this system is only a conceptual provision, Provisions are too in principle, in practice the lack of maneuverability. In recent years, along with the advance of the Chinese Civil Law, the theoretical circle can be described as a lively debate forum on how to build this system in the civil legislation, not the theory of a hammer. Therefore, based on the doctrine of the existing research, legislation designed to learn from other mature countries and regions, in-depth discussion at the theoretical level of retention of title. The article is divided into three parts of the Introduction, body and conclusion, the main part of five chapters.The first chapter is an overview of reservation of title system. Article a general overview of the meaning of the title retention system, history and the world of legislative practice, and also presents the basic types of retention of title, Divided into simple retention of title, extended retention of title, the expansion of reservation of ownership, complex retention of title four types.The second chapter is the exploration of the nature of the system ofretention of title. The article first a brief introduction to the differences of retention of title the nature of his doctrine, and doctrine analysis. This article that the nature of theretention of title ownership should be maintained to retain the unity of form and content (real) two angles to be investigated should the transfer of ownership and debt guarantees, rather than choose a while, this is decidedly split. The third chapter set for the retention of title. First, out of range of the object retention of title, including movable and immovable property, should also be excluded ownership to retain the scope of the movable property to a certain limit, intangible property, currency, depleting substances, animal exclusion. Second, Publicity for the retention of title, should be used’ registration, real estate and vehicles, ships, aircraft, and other special movable property should be used to register the entry into force of the doctrine, and other movable Registration Antagonism.Third, the retention of title should be written expressly set.The fourth chapter focuses on the ownership structure of the internal rights reserved. That part focuses on the buyer look forward to the right and the seller to retrieve the right. Draw on a variety of doctrine and legislation in China on the basis of, I believe that the legal status of the buyer is looking forward to the right, and the buyer expect the right to a special right across the credit and right. At the same time, the buyer is looking forward to the right to transfer, but it should be subject to certain restrictions. To retrieve the right of the seller, the seller to retrieve the right nature should be adopted to promote the contract to achieve and to recover the exercise of the right conditions are discussed.The fifth chapter is the outlook of constructing the system of retention of title. Introduced in the first half of China’s current legislative present situation, combined with the understanding of this article, this is my own opinion for building the Reservations system in the future.
Keywords/Search Tags:The retention of title, Registration system, Expectant right, Recall right
PDF Full Text Request
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