Study On The Title Retention System

Retention of title refers to the transfer of ownership of property transactions,according to the law or the parties agreement, if a certain condition is not met, the transferof ownership will not occur. So far the system has become an important guarantee systemin Western countries. But in our country, the lag in legislation limited the applications ofretention of title greatly,"The Supreme People’s Court’s interpretation of hearing contractdispute cases" greatly enhanced operability of retention of title in practice. It detailed therights and obligations of the parties, reversing the legislative lag situation. But a series ofnew concepts appear in the new provisions, and the Interpretation pays more attention toits guarantee function. But the idea is not unique. By examining the legislation of othercountries, in theory and practice, we can find that title retention system is based on theeconomic needs. Therefore, this paper investigates the world’s major countries and regionallegislation, doctrine, revealing the legislative background of new Judicial Interpretation,This article mainly divided into four chapters.The first chapter focuses on the value of the theoretical basis and the nature of titleretention system, especially the nature of the title retention.The second part introduces the world’s major national legislation and institutionalcharacteristics, which conclude the type of title retention, retention of title in consumercontracts and collective contracts. Even though the lack of international substantive law,but I also try to solve the international trade disputes though conflict laws.The third part introduces the rights and obligations of the parties. Especially theseller’s recall right and the buyer’s expectant right. The article starts from the buyer’sexpectation right and then deep analysis on the character and the expectation right shift ofthe buyer’s expectation right. Then the article analyzes the exertion of condition, method and the effectiveness caused by contract of the recapture right, which base on the seller’srecapture right.The fourth part mainly relates to the provisions on the system of ownershipreservation in our country law. Combined with the legislation practice of other countries,and regions, starting from the new terms, the article introduces the nature, scope, the wayof setting up and implementation procedure of title reservation system in our country.