Seller’s Legal Status In The System Of Ownership Reservation

Ownership reservation system is closely related to the emergency and development of credit economy, and with the rapid development of installment sale, as a way to guarantee credit’s rights, ownership reservation system becomes more and more popular because of its unique advantages. However, the legislation is limited in this field, and the specific rules can only be seen in “Contract Law of People’s Republic of China” article 134 and “Interpretation of the Supreme Court on the Trial of Disputes over the Sales Contract of Applicable Law” article 34 to article 37. These rules are inadequate, and some terms are even flawed and unreasonable, which may seriously affect the benefits of parties in practice. Therefore, there is important theory value and practical significance on the study of ownership reservation system.Based on the relatively mature experience in legation and judicial precedents of other countries and regions, the author will mainly focus on seller’s legal status of ownership reservation system to study deeply.This paper consists of the following four chapters.Chapter 1 clarifies the legal nature of publicity system and ownership reservation. This chapter first explains that the system should adopt the doctrine of “establishing in written forms--antagonistic to registration”. Then it focuses on the legal nature of ownership reservation, and believes that it should be divided into two levels. The first level is the legal nature of the transaction form of ownership reservation, which should be defined as “stop condition attached to the transfer of ownership”. The second level is the legal nature of seller’s ownership, which should be defined as “security of ownership”. This part of the theory will play an important role in the later research.Chapter 2 discusses the seller’s right of disposition. The seller, as the owner, should have the right of disposition, but the theory of “guaranteed ownership” denies seller’s rights to transfer and set security on the subject, and the seller can only exercise the ownership in the purpose of the security range. If the seller carries out the dispose of the behavior of the subject matter which is not entitled, then the legal effect is to be determined, and the effect depends on whether the buyer will be able to eventually acquire the ownership of the subject.Chapter 3 studies the seller’s recall right, namely the protection of seller’s legal statue when it is infringed by the buyer. This is also the focus of this paper. This chapter focuses on the study of the nature of recall right, the exercise of this right, the legal relationship of the parties when getting back the object and the application of recall right in bankrupt system.Chapter 4 introduces seller’s rights when the third party infringes the subject. When the value of subject reduces or the subject is damaged or lost because of the infringement of the third party, we should apply the provisions of inseparable creditor’s rights. The seller and the buyer, as the creditors, should ask the offender for their damages, while the offender should pay to all the creditors.