The Nature Of Title Retention Problem Research

The system of Retention of title has a long history. It can be traced back to the Roman Empire. But in a long time, the system of retention of title hasn’t been paid attention. Until the end of the19th century, it gradually became popular in Europe and the United States. Because the system of retention of title’s unique functional properties, Continental and Anglo-American legal systems have adopted this system. The system of retention of title gets agreement between in buyers and sellers. Although the subject matter is delivered at the buyer, the seller remains the ownership until the buyer pays the price of contract or completes the agreed condition. If the buyer has not completed the agreed terms, the seller can get back to the subject matter. The seller is often referred to as supply people, reservations seller, holder or conditional seller, the buyer is often referred to as reservations buyer or conditional buyer. Retention of title clauses are often referred to as the saving clause. Accompanied by the reservation clause of the trading is often referred to as the retained ownership of the sale or retention of trading. The outstanding payments are often referred to as deferred consideration. China’s existing legal provisions on the retention of title is fairly simple, there is more controversy for the understanding of the nature of retention of title. Specialized papers are rare. It help us a clear understanding of the system of retention of title through clarifying the nature of the retention of title. This text shows a clear interpretation of the nature of retention of title by four parts.The first part is the introduction. The booming market economy requires the retention of title system, but in the existing status quo, the view of common law or civil law can’t make an accurate nature of the retention of title. Therefore, the study of the nature of retention of title system is not only adapted to the constant demands of economic development, but also to give a clear answer to the various problems about the system of retention of title.The second part reviews the history of the retention of title, combing retention of title in the course of the development of civil law and common law. We have a preliminary understanding on the retention of title. The definition of reservations is obtained through denying the defects of the existing definition and absorbing its essence. Next, analyzing the actual situation about our country, the retention of title has the system of value and practical significance. This part of the main role is to have a preliminary(?)rstanding on the retention of title.The third part, the traditional trine are discussed from different aspects about the nature of the retention of title. It exits diff(?)t doctrines from the perspective of ownership. But if we observe from the perspective of t(?) uarantee, we can also obtain different doctrines. We point out the shortcomings about the (?)nal doctrine.The fourth part is the focus (?)is article, the retention of title lies in dilemma, the reason for causing the present problem (?) the defects about the traditional. The traditional doctrine pay attention on the ownership, t(?) he property use as the power of ownership and reduce the relationship about the property us(?) we need correct understanding of the nature of retention of title, we must establish an equal a(?)ndependent property rights concept. We need use the dual structure theory of the property ri(?)o define the nature of the retention of title.