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Research On Ownership Reservation System In Business Contract

Posted on:2014-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:D LiFull Text:PDF
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The ownership reservation system is a novel way of guarantee in our country, it plays an important role in the protection of transaction security, equilibrium trading parties interests, promote economic development. But in the face of complex and huge ownership reservation system,the provisions of article134th of the contract law of the people’s Republic of China and last year introduced the Supreme People’s Court on the law applicable to the interpretation of contract cases (hereinafter referred to as the judicial interpretation of the Supreme Court judicial) of title retention problems interpretation is very thin. In the practical application process, the law on the ownership reservation system lags behind, so it can not be adjust trading behavior of people very well, also can not reflect the huge advantage of the system. This paper selects the sale of the system of ownership reservation in the contract as the research object, author use the way of the literature induction, comparative analysis methods, economic analysis,discussing deeply some of the legal issues of the system, with a view to the future of the retention of title system legislation for reference.In the second chapter, from the meaning of the title retention system,author analyze reasonability of the retention of title system existence. The third chapter introduces the legislative status at home and abroad about the ownership reservation. By comparison, in order to solve the problem on legal nature of the ownership reservation which has dispute, it carries on the analysis from two aspects of ownership, transfer and guarantee of obligation, it should be a kind of guarantee right. The fourth chapter mainly analyzes the dispute often appearing in practice on several specific issues of the title retention system. Analysis of the ownership reservation movable object scope and reasons for the Supreme Court judicial interpretation excluded ownership reservation on immobile. This chapter also compares the non registration, registration and distinguish registration several publicity mode, through the analysis of the advantages and disadvantages of them, think that our country should adopt the method of combining public written establishment registration confrontation doctrine thought. This chapter from the recall rights and expectant right discuss the internal validity of ownership reservation, but also from the seller, the ownership to the third target buyer will, the ownership to the third subject against the third person subject matter, the seller and the buyer and the third person the rights and obligations of the three aspects of the external validity of retention of title. The fifth chapter is to retain the legislation expected system consummates our country ownership. The first unified guiding ideology, on this basis, aiming at the defects of our legislation and judicial interpretation of the reservation of title system,proposed legislative proposals for our country ownership reservation system.
Keywords/Search Tags:ownership reservation, legislation, recall right, expectant right
PDF Full Text Request
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