The Study Of Ownership Reservation Publication

Because of ownership reservation’s simple procedures and low costs,it makes up for the deficiencies of the traditional form of guarantee,increasingly becoming market trading bodies’ favoritism. However, in the case of ownership reservation, the separation of ownership and occupation causes the real rights and exterior are inconsistent, brings risks to the security of transactions. Our existing laws only formulate simple rules for ownership reservation’s manifestations,but don’t formulate any rules for ownership reservation publication,bringing considerable distress to the administration of justice in dealing with ownership reservation disputes. To solve this problem,we must conduct a comprehensive and in-depth research on ownership reservation publication,and explore related institutions.In addition to the introduction, this thesis is divided into four parts.The first part is the basic questions outline of ownership reservation publication. First, this section introduce the historical development and the legislation of the various countries and regions on ownership reservation. Second, this section does a simple introduction to the property publication of civil law. Finally, this section does a summary on the existing theory of ownership reservation publication, considering it ignores the publication costs,and overbroad registration requirements would lead to the state power to interfere too much private economic life, damage people’s private law autonomy, affect the efficiency of the transaction,be not conducive to the construction of the socialist market economy. The second part is the basic theory of ownership reservation publication. First, this section talks about from the transaction security,which is value basis of ownership reservation publication, elaborates the legal connotations of transaction security, point s out transaction security is trading bodies’ security of reasonable reliance interests, and discusses the relationship of the ownership reservation publication and transaction security, obtains results that ownership reservation publication is a institution to protect the security of transactions. Then from the perspectiv of the economic analysis of law, examines ownership reservation publication from the negative side. Finally, this section obtains results that ownership reservation publication is necessary to protect the security of transactions, but also to reduce the costs of transaction and promote transactions efficiency.The third part is a comparative study of the legislative mode of ownership reservation publication. this section summarizes the various countries and regions’ legislation of ownership reservation publication as three legislative models: publication, non-publication, distinguish publication, introduces and analyzes the various legislative mode. Finally, on the basis of comparative research, analyzes the advantages and disadvantages of the various legislative models, laids the foundation for our legislative mode selection on ownership reservation publication.The fourth part is legislative design of our country’s ownership reservation publication. First, this section introduces our legislative mode choice,then analyzes specific registration institutions of our country’s ownership reservation publication from five parts:registration department, registration matters, registration procedures,the valid duration of registration, the effective region of registration. And proposes auxiliary publication methods outside registration. At the end of the article, this section analyzes and discusses other related issues on ownership reservation registration.