Study On The Recalling Rights Of People Who Reserves Ownership

As a core component of reservation of ownership, the recalling rights of people who reserves ownership’s development is the key to developing the reservation of ownership in practice, and its importance is self-evident, but the corresponding legislation cannot meet the judicial practice. To make some improvement, The interpretation of applicable legal issues relating to trial business contract dispute cases was issued by the Supreme Court in March 31st 2012 to specified the content of recalling rights of people who reserves ownership, However, there is still room for further discussion. This article focuses on the judicial interpretation and judicial practice related to retain ownership, strives to provide some guidance for the judicial practice.The first chapter is the legislation for recalling right of people who retains ownership, To clarify the status of the current legislation of recalling right in China mainland, it introduces the provisions of the recalling right in china as well as the judicial practice in China mainland, noted that architecting the recalling right of people who reserves ownership at present in china should not be restricted as the right, which the seller take the subject matter of contract back, but should be structured as the core of the system of reservation of ownership.The second chapter compares the differences between the recalling right of people who retains ownership and other related rights, suggesting that the effect of creditor’s debt guaranteed comes from both the contract of sale and the act of disposition which attached stop condition. At the same time, discussing the legal nature of the recalling right, because using the strategies, which make the seller obtained price as the main line to make the transaction succeed, writer suggests it has independent value.The third chapter introduces the recalling right of people who retains ownership’s object and conditions as well as restrictions, According to the recalling right’s exercising will have a significant impact on the interests of the buyer and the third person, the law should be principled advocate norms to control and confirm the right in scope, Not only to ensure the effective of the reservation of ownership to achievement but also to prevent its abusing.The fourth chapter is about the recalling right of people who retains ownership’s effectiveness, including its internal validity and external validity. From the two aspects, writer has carried on the analysis of recalling right of people who retains ownership, not only defined the rights and obligations of the buyer and seller in the transaction but also disposed the rights and obligations between the seller or the buyer and the third person when the third person infringes the object. In accordance with the main conclusions of the article,The fifth chapter is respond to the related cases mentioned above to display on the practical significance.