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Study On The System Of Ownership Reservation

Posted on:2015-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:P P HuangFull Text:PDF
GTID:2296330467965228Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The ownership reservation system is not a typical way of securing debt, withthe development of modern economy, the system has gradually been accepted bymost countries. But for a long time, our country only provides for the most basicprinciple about the ownership reservation system: provisions of the conditionsattached to the law in the "general principles of civil law", in the provisions of the saleof Title retention in the "contract law". Until2012the "Supreme People’s Courtpromulgated a judicial interpretation and application of " sales contract”, the firstlegislation of our country with the operable regulation to retain ownership. Althoughthe system of ownership reservation in China has made great progress, to adapt to therapid economic development and meet the needs of the civil trial, the system stillneeds to be improved in our country. This paper, on the basis of legislation and theoryof other countries or areas, makes a systematic explanation on sale of title retention,hope to improve the ownership reservation system of our country.In the first part of this paper, tells mainly of the theory of ownership reservation,including the concept, nature and legal basis. This paper first defines the concept ofownership reservation, to distinguish the difference among the system and theinstallment and the conditional sale of title retention; and then from the point of debtguarantee and ownership,we make analysis on the nature of title retention, and makesome comments on the various theories; the legal basis of ownership reservation,namely justification of law of obligation the reason and the law of real property oflegitimate reason is analyzed, the system of ownership reservation in theory isrationalized.The second part of this paper, mainly from the perspective of the application ofownership reservation system, relates to the legislation, scope of application and theproblem of publicity. The first part is a brief summary of the retention of the title inlegislation, on the basis of comparative study of national legislation were introduced;and then discusses the applicable scope of retention of title, the main issues to bediscussed are about movable and immovable property, the part object and collection,and whether enterprises can become the object of ownership reservation or not; finallyfrom the legislative practices of various countries to make publicity of ownershipreservation, to investigate whether publicity should be adopted and causes. The third part of this paper, mainly discusses the effect of the retention of title.We first discuss the ownership reserved for internal effect. Discussed the recall rightof the seller, the exercise of property, including rights of retrieval methods, conditionsof exercise, and exercise effect and other issues; the effect for the buyer is mainly theexpecting right and the right of redemption, the exercise of the right of expectation,including transfer problems and foreclosures. The discussion is then retain ownershipof external validity, mainly including the seller to sell the subject matter, how toadjust the legal relation of the buyer to sell the subject matter and the retention ofownership and real right for security of the coincidence problem.The fourth part of this paper, on the basis of the three parts, mainly discusses theretention system problem to our country ownership. First introduce the legislation andpractice of our ownership reservation, to have an understanding of the system for ourcountry and list the problems encountered in practice in our country about theownership reservation system. On the basis of the title retention in our country andmake some suggestions to perfect the system, mainly involves the validity to the thirdparty and publicity of the title retention.
Keywords/Search Tags:the ownership reservation, property, legislation, right of recall, right of expectation
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