Research On Expectant Right Of The Buyer In Title Retention

With the development of modern credit economy and market economy，theincrease in international trade, title retention system with its peculiar system modelhas played a tremendous vitality, and development and widely used in practice. In thissystem, the seller needs to ensure the price of creditor’s rights and retains theownership of the subject matter, the buyer bases on the factor that they do not enjoythe ownership of the subject matter, only can be based on the sales contract to possessand creditor claim, which make the buyer in a weak and passive position. Based onthe value concept of the civil law with equal protection for the interests, it isnecessary to set up a right against the seller, to protect the interests of the buyer andbalance the position between seller and buyer. And the balance of beneficial tool isexpectant right of the buyer.For the protection of the rights is the ultimate result of laws, but the protection ofthe buyer’s expectant only reflect in "contract law" article45provisions, so thisarticle bases on the buyer’s expectant right in title retention as the subject, trying todetermine the nature of the buy’s expectant、the circulation in the market economy todiscuss and analyse. On the basis of the excellent theory in domestic and abroad forreference, try to construct the complete framework for buyer’s expectant right. Thispaper is about thirty thousand words, through four parts to discuss.The first part: the overview of title retention system and the finding of thebuyer’s expectant right. This section through the origin of the title retention and thedevelopment course、the theoretical basis of existence and the legal and economicvalue to show the inevitability and significance of title retention system. Then basedon the basic legal relationship in the aspect of buying and selling of title retention,which can lead the existing space and necessity of the buyer’s expectant.The second part: the general theory of the buyer’s expectant right in the titleretention. This part through the concept and characteristics of buyer’s expectant right,and the special legal status are protected by the law. Define the nature of property.The third part: the transfer and goodwill acquired of the buyer’s expectant right.This part through the buyer’s expectant right in trade flow and goodwill acquired, toshow the buyer’s expectant right plays great significance in practice.The fourth part: the protection of the buyer’s expectant right. Based on the unrest and threat to the buyer in the process of circulation,through the protection ofProperty Law、Contract law、 Tort law，in order to completely build up the protectionframework of the buyer’s expectant right.