On Expectant Right Of The Buyer In Deal Of Retained Ownership

The discussion about the expectant right of vendees in the sale of title retention started early abroad, and has already made numerous achievements and formed variety of theories. Nowadays, as inland credit economy and commodity economy is developing fast, the application of sale of title retention is becoming more and more frequently. In〈Explanation from supreme people court on questions on the application of law in trial of contract cases〉 promulgated in31/3/2012, the sale of title retention has been perfected, from which; we can notice that the nation is beginning to realize the importance of it in economic world. Though we do not recognize the expectant right of vendees yet, which is the key study on sale of title retention, many domestic scholars begin to pay attention to the achievements abroad, so as to lay a foundation for it to be improved in our own country in the future. The sale of title retention can be combined with installment payment in a skillful way, and the both are used more and more extensively with the development of credit economy, for they can not only promote growth of commodity economy, but satisfy people’s consuming desire and raise living standards as well. In a business of sale of title retention, the seller will retain the ownership of the object, and on the other hand, the expectant right of vendees seems in a weak position, however, the expectant right of vendees itself contains great economic value, for it can guarantee the vendees gain the ownership finally, as well as to create greater economic interest as it can be transferred and responded like property rights. Except for this, the expectant right of vendees has its own disadvantages and is easy to commit a tort, thus, it needs to be dig deeper and protected legally.The thesis is about30,000words, and can be divided into5chapters.The first chapter is an introduction about the sale of title retention, including the concept, developing history, the legislation about it in different countries, the rule about it in our own country, the relative rights and obligation of party concerned.The second chapter is an introduction about the expectant right of vendees in the sale of title retention, including the general theory of expectant right of vendees such as developing situation, component and its variety types, and a summery about the expectant right of vendees in the sale of title retention like the concept, character and the elements. The third chapter is a study about the doctrines of the properties of expectant right of vendees and comments about it from other scholars, including theory of reputation, theory of property right, theory of creditor’s rights in rem or enlargement of creditor’s rights, the viewpoints and commentary of exclusive right.The fourth chapter is an introduction about the effectiveness of expectant right of vendees, including previous effectiveness, countermines effectiveness, dealing effectiveness and acquires effectiveness.The fifth chapter is an introduction about the protection of expectant right of vendees, including the protection on the previous effectiveness, the countermine effectiveness and the dealing effectiveness.