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Research On The Nature Of Chattel Installment Sale Right And The Influence

Posted on:2016-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:H Z CaiFull Text:PDF
GTID:2296330464454656Subject:Law
Abstract/Summary:PDF Full Text Request
Installment buying and selling used increasingly widely, this is the trend of the market economy development, and resource scarcity problem is there has been, in order to promote the flow and rational distribution of resources and improve the utilization rate, alleviate the demand of consumer purchasing power and the market supply of the contradiction between relative surplus, installment payment way of buying and selling should be encouraged. At the same time, with the improvement of domestic economic level, people’s material life demand is also constantly improve, single movable property deal price rising, thousands of millions of mobile phones can be seen everywhere, first-line brand perfume, handbag, or even tens of thousands and often mention brand name watches, luxury cars and antique jade. Instalment buying and selling of chattel is becoming more and more reflect the value and necessity of its existence.Movable and immovable property difference reaction in instalment buying and selling, is the seller will be the subject matter delivered in public summons of real right of the buyer, real estate is registered as a public way, delivery will not lead to a third person that the ownership of the subject matter shall be transferred accordingly, and the movables delivery is the way of the public, although both buyers and sellers in the instalment buying and selling to retain ownership in the selling of convention, but the third person will still be according to the real right of movables ownership of the public think that the subject matter transfer according to the delivery. * department of reimbursementghts of the buyer is neither the ownership of the creditor’s rights is not at this time, should belong to the classification of the usufructuary right.Because of formula of real right of movables way for delivery, and instalment buying and selling of the title retention, many problems need to make this transaction analysis, owner of the subject matter and the actual controller is not the same person, namely the separation of ownership and possession, use, revenue. If payment behavior is to perform the contract creditor’s rights behavior, contain the real right change agreement, is also a real right behavior, if did not change of real right purpose (title retention), simply is a to perform the contract behavior, so has not obtained the ownership of the subject matter of the buyer the right to the subject matter what belong to nature, nature of the rights of the parties are worth discussing.This kind of business contract in his personal property to the subject matter, in the installment payment for trading way, because this kind of contract is a ordinary business contract is more complex, the seller may use its dominant position in the contract violation to buy the interests of the recipient, and buy the recipient because the actual control of the subject matter, also is likely to violate the interests of the seller, how to balance the rights and obligations of buyers and sellers, promote trade stability, maintain market is imperative. Such contracts are commonly have title retention, period, loss of interest, such as termination of the contract terms. Countries designed for regulating the behavior of the buying and selling all kinds of system of our country "contract law" article one hundred and thirty-three, article one hundred and thirty-four, of the provisions of title retention clause; "Contract law" article one hundred and sixty-seven of expected loss of interest and the requirements of the termination of the contract, the property law have relevant regulation, but not the details.Real life still often exist in the existing legal provisions can’t clear, so that the seller trading risk is difficult to control, the buyer after the actual possession of the subject matter, the seller to recover all the prices have no confidence, but this way of installment buying is the needs of both the seller and the buyer, the seller in order to improve the sales, increase benefit, and would not taking on too much risk, common is the seller and buyer in reality and third-party financial institutions the instalment of the parties, which makes originally only buyers and sellers of complicated instalment buying and selling, also increased the transaction cost. Buyer because of the disadvantage, generally no option, unless the buyer to give up benefits deadline instalment, otherwise have to accept the seller into third-party financial institutions, the seller of the risk on to third-party financial institutions, which lead to improvements in transaction costs are borne by the buyer, performance for the buyer to a third party financial institutions pay interest.This article is divided into four parts.The first part, mainly provides an overview of movable installment payment of all the instalment buying and selling its special status, namely the difference between the movable installment and real estate installment; Installment payment way of trading situation and related problems; Instalment in academic theory, and the controversy betweenThe second part, an overview of the continental law system and Anglo-American law system in this area of the law, and the differences between them, as well as the state of legislation in our country at present.The third part, analyze the nature of the real right of movables instalment is starting from the basic properties of buying and selling, buying and selling contract of creditor’s rights behavior and transfer of real right purpose of the real right behavior and their relationship, the real right change of the time, its influence on the nature of trading, to all occupied the separation conditions and the analysis of the problem, the buyer has not obtained the ownership rights to the subject matter before the analysis of the nature of relationship between the rights and obligations of buyers and sellers, and the third person, etc., through comparison and ruled out, that the buyer in the possession of the subject matter but have not yet acquired ownership rights before nature belongs to the classification of the movable property usufructuary right.The fourth part, the paper analyzes the various problems caused by the complexity of the real right change. For example, not to buy and sell any party loss of how to bear the responsibility, namely the risk classification problems, the buyer did not pay the price before has unauthorized disposition to the subject matter, the subject matter of the buyer is a legal person, the bankruptcy liquidation when the buyer property be enforced if we need to separate processing, and so on.Research value and innovation points:in real life, in order to solve the problems that exist in the chattel in instalment buying and selling, most have stepped in a third party, namely financial institutions guarantee, to double the installment payment, buy into the recipient with a third party the amortization of loans, establish complex multiple relations, to ensure the safety of transactions, this will no doubt increase the transaction costs and waste of social resources and utilization efficiency, is not conducive to the activity of market economy. So the movable installment nature of property rights can help to improve the system of trade, to ensure the safety of transactions, promote market stability, has a practical significance...
Keywords/Search Tags:The ownership reservation, Chattel, Installment payment, Usufructuary right
PDF Full Text Request
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