The Legal Issues Study Of Installment Sales Contracts

Installment sales contract as a special sales contract playing an important role in themarket economy, not only referring to the field of creditor’s rights, but also the field ofproperty rights and sociology. I chose the legal system of installment sales contracts toexplore, aimed at basing on the practice problems to better balance the rightsobligations of the parties in the contract by solving problems with the related theory.Body of this paper is divided into three parts:The first chapter defines the difference between the installment sales contracts andrelated concepts, based on the relevant provisions of the installment sales contracts inthe China’s " Contract Law" and the Supreme Court’s " the explaination of theapplication of law on the trial of the sales contract dispute," and points out the legalissues arising from installment sales contracts in practice combining with the practiceevaluation of legislation.The second chapter focuses on installment contract legal regulation of common law andcivil law, and explores which system our country suits to resolve the above-mentionedlegal issues by the means of comparation with the problems of installment sales inpractice as a clue. Besides, this part compares the advantages and disadvantages betweenthe two legal systems, and proposes to the model to solve the above legal problemsreferring to the above comparation.The third chapter proposes the cooling-off period system to resolve the unequal statusbetween the the buyer and the seller in the installment sales contract, proposes thestricter conditions of exercising this right about the seller against the seller’s abuse ofterm interest loss provisions, draws TaiWan’s legislation to resolve the problem of theseller’s unclear recall right procedure, proposes the Written establishment-Registrationantagonism mode to resolve the unstable seller’s ownership and transaction security as aresult of the imperfect retention of title publicity system and proposes invoiceendorsement system as aid to reduce the trader’s burden of check registration.