Research On The Recall Right Of The Retention Of Title

Recall right is an important right of the retention of title. When the misconduct of buyerendangers the obligatory right, the seller can gets back the subject matter toensure the obligatory right. So it reflects the guarantee nature of retention of title. Meanwhile,recall right, redemptive right and re-sell right form a system of rights, in order to protect theinterests of the seller better. Recall right contains rich contents. Its nature, exercise and thelegal effect of its exercise have important research value. This paper will combine"Interpretation of the Supreme People’s Court on the law applicable contract cases" to analyzethe content of recall right. The paper hopes to provide some useful suggestions to make betteruse of the recall right. This paper consists of five parts.The first part will analyze all kinds of the theories about the nature of the retention oftitle. I believe that “ownership with guarantee nature “can reflect the nature of retention oftitle. Therefore, guarantee is an important function of the retention of title. Because recallright can realize and protect the function, so it has an important role in the retention of title.The second part will overview the concept and the value of recall right. On this basis, thepaper will discuss the nature of the right. I argue that “the theory of claim by subject matter”is the correct answer of nature.The third part analyzes how the recall right exercises. From the view of precondition forthe exercise of recall right, only when the buyer breaches contract may endanger theobligatory right, the recall rightl can be exercised. The specific conditions include the buyerdoesn’t pay the price,improper disposal the subject matter withou agreement. In order toprevent the abuse of the recall right, the law adopt some certain restrictions on the right.When the buyer has paid the price more than seventy-five percent, or the acquisition in goodfaith has appeared, The seller can not exercise the recall right. The procedures to exercise therecall right include prior notification, retrieval methods and so on.The fourth part analyzes the legal effect of recall right. Because the redemption right andre-sell right have important influence on the legal effect of recall right, this part will focus onthese two rights. The redemptive right has a reasonable period of redemption. Over this period,the buyer can not redeem. At this time, the seller can sell the subject matter again to pay theprice. Of course, the seller can also keep the subject matter, and get the value of loss from the payment.On the basis of previous parts of theoretical analysis, the fifth part will put forward thedefects of the law and provide some useful suggestions.We should remove the unreasonableregulations, establish the publication of the retention of title, make clear the procedures ofrecall right and period of redemption, and detail the relevant provisions of re-sell right.