The Legal Study On Retention System Of Ownership

The retention of title system is in good faith as a commodity economy "imperial rule" under thepremise of emerging and a kind of atypical guarantee system. Because of its have unique legalcharacteristics, and at present in our country the guarantee system of typical compared also has uniqueadvantages in market economy can make both parties based on fast and convenient sales contract creditor’srights to provide security, make the whole transaction process with convenience and safety.The retention of title system not only exists in the continental law system and Anglo-American lawsystem countries the retention of title system also is very developed. Investigate its deep reason, the systemflexibility, convenience, safety, special advantage in the world many countries law on their are very favour,Britain, the United States, Germany, Italy, Japan, France and Taiwan using this system has a long historicalperiod. These countries and regions in the practice and academic to the system of the basic connotation,basic legal characteristics and development history, the systematic research, and has formed a complete setof legal system. In China’s legal system of the PRC contract law the provisions of article134of theownership system is to keep the rules, but further study found that, in our country the system both inlegislation, judicial or legal study are still in a stage of starting. Therefore, further study of the retention oftitle legislation and judicial, system to build our country the retention of title system, both in academictheory field and in judicial practice is an important and profound meaning.The author from the perspective of the concept of the retention of title system, combined with theforeign research results, this paper discusses the retention of title system basic legal characteristics as wellas other countries of the typical legislation style, and analysis of the system of legal characteristics, theseller and the buyer of the recall of the right to a series of problems, such as proposed consummates ourcountry the retention of title system legal system and judicial use advice, looking forward to in our countrythe establishment of a complete title retention system legislation system.And the whole text is divided into five parts:The first part mainly introduces the retention of title system concept, the legal characteristics and thenature of the retention of title. This part mainly explains the current research results of the retention of titlesystem definition and legal characteristics, and using the method of comparative study, to the United States,Germany and Taiwan the retention of title system of the legislation and theory research status.The second part of the paper is mainly aimed at the retention of title legal system object, betray aperson to recall the legal nature, the buyer the right to legal nature of research. First of all, think that theretention of title system object only applicable to chattel, real estate cannot be applied to the retention oftitle system. Second, think "thing, but who said" is accord with the retention of title system betray a personto recall the legal nature. Finally, the author in the present academia and practice about the retention of titlesystem characteristics of the rights of the buyer expect several viewpoints on the basis of this, it is thought that the buyer will be to define right for the buyer to title right opinion is reasonable.The third part mainly is the retention of title system and the third person of the right conflict problem.This part is about the seller and the buyer violates the retention of title a contract, without authorization, thesubject matter transfer or mortgage, pledge, lien and the third person to produce all sorts of rights conflictbetween the conditions of the right to the protection of balance, theoretical analysis and discussion.The fourth part mainly discusses is the retention of title system in judicial practice of the ownership ofthe natural fruits, in judicial execution procedures for the buyer of the subject matter whether has the rightto auction problem. In this part the seller bankruptcy, bankruptcy administrator as the subject matter ofmanagers, he can have refused to the debtor required to continue to perform the rights.The fifth part is mainly based on the retention of title system on the basis of the study, with the systemof public ownership as the breakthrough point for the improvement of the system of reserves put forwardthe proposal.