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Study On The System Of Retention Of Ownership

Posted on:2015-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:D L ChenFull Text:PDF
Abstract/Summary:PDF Full Text Request
The system of ownership reservation is in traditional security methods are not welladapted to emerge as the times require economic needs case. The benefits of this system onthe parties to the transaction and the bona fide third party has to take care of, and consideringthe efficiency and security, so that the interests of all parties to maximize the function ofsecurity on this issue. Therefore, the retention of title has been widely applied in dailybusiness practice.China’s "contract law"134th article stipulates the principle and briefly about theownership reservation system, but the system in practice is facing many problems need to beclear. In order to improve the practical operation of the system, the Supreme People’s Courtpromulgated the law interpretation (2012) No.7"interpretation concerning legal issuesapplicable contract cases"(hereinafter referred to as the "interpretation"), about the ownershipreservation system through the four articles, eight applicable scope, recall right and its limitsbuy by foreclosures, problems such as human made quite workable explanation.This paper aims to the judicial interpretation of interpretation and analysis, ownershipreservation from inner and outer validity two aspects were discussed, the recovery right ofseller, buyer, buyer foreclosure, conflict of rights between the trading parties and the third onewas analyzed, and learn about the system of ownership reservation the related legislation inother countries and regions and academics theory, points out the main defects of China’scurrent laws and regulations are lack of buyer protection and ownership reservation systemdesign business registration. In view of the deficiency of the existing laws and regulations inChina, put forward to strengthen the internal validity in buyer protection proposals in theexternal validity, propose appropriate establishment of ownership reservation purchase systemof public opinions, suggestions for vehicles, ships, aircraft and other special movables toadopt the legislative mode of registration validity doctrine, for general chattels shall be thelegislative model of the registration confrontation, in order to promote the retention of titlesystem development in china.
Keywords/Search Tags:the ownership reservation, recall right expectant right, right of redemption, publicity system
PDF Full Text Request
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