Research On Ownership Reservation

Ownership Reservation means negotiation or agreement reached by parties in sales contracts. In this contracts buyer party can own, use and benefit from the subject matter. However, the subject matter belongs to Seller part still. Only under certain conditions does transfer the ownership, generally when partly or all payment is done.Firstly, ownership reservation appeared in Roman. But at that time, it did not draw too much attentions. With economy development, many countries began to use installment to meet the demands of credit economy development. Then ownership reservation system was valued by these countries, and finally, became an important way of chattel mortgage.This paper consists of three parts including preface, text and conclusion which will be divided and explained in four paragraphs.The first paragraph will be anout basic qusetions about ownership reservation which include legislation tradition of ownership reservation, current development situation in China, and the conception and legislative value of ownership reservation.The second paragraph will research the establishment forms and public summons of ownership reservation. There are two mainly establishment forms, that is to say, express form and implied form. According to the current situation in our country, this paper will discuss which form we can adopt. Meanwhile, it also pays attention to the range of ownership reservation. As to public summons of ownership reservation, many countries adopt different forms, and the form is not fixed or ruled in China.The third paragraph explains the exercise of recall right in ownership reservation. Recall right is the core of ownership reservation, which is very significant and great weight. Judicial Interpretations for Sales Contract in2012clearly prescribes that point. Based on the conception of ownership reservation and the result of law enforcement, this paper will put forwad to some disadvantages of our recall system including that there is no clearly-definition on exercise procedures and exercise forms to lead to lower the operability of recall right. Based on the three paragraphs ahead, the fourth paragraph will give some advice on perfection measures by adopting systems or policys of other nations to improve operability and balance the legal rights and interests among seller, buyer and third part.