Research On The Buyer’s Benefits In Sale By Installment Payment Contract

With the development of social economy and the improvement of life level,sale by installment payment increasingly frequently occurs in the field of consumption. What ’s more,owing to the weak protection principle,contemparary law clings to give protection to consumers,employees,low-income persons and other vulnerable groups.Therefore,the problem on the protection of the buyer’s benefits in sale by installment payment receives more and more attention.The dissertation will endeavor to provide some suggestions for the perfection of sale by installment payment in our country,basing on the chinese law and comparing with the laws in different countries.The first chapter of the dissertation focuses on the introduction of concept,in order to pave the way for expansion in the later dissertation.Sale by installment payment refers to the payment where the parties of the contract agree that the buyer must pay the price in more than twice after the seller delivers the subject-matter.At the same time,compared with financial leasing, rent or purchase that similar with sale by installment payment,there are some difference between the similar system and sale by installment payment.The second chapter of the dissertation emphasizes on analysing and demonstrating buyer’s basic rights,since there is a basic position for rights in the benefits balancing and lawful regulating.The ownership of the subject-matter is an independent right for the buyer.The ownership tranferring time of the subject-matter should employ the general rule of real rights alteration.Unless the law stipulates otherwise or the parties concerned have agreed on other arrangements, the ownership of property shall be transferred simultaneously with the property itself.The action of dilivering the subject-matter is a creditor’s rights action,and real rights alteration can be seen as the result of creditor’s rights action.In so far as the close relationship between the ownership reservation and sale by installment payment is concerned,this dissertation has a research on the regulation of ownership reservation.The dissertation proposes that ownership reservation is actually guaranteed ownership,and that should be stipulated clearly before or at the same time that seller delivers the subject-matter,applying only to movable assets.The ownership reservation should adopt registration-antagonism.The anticipation rights that the consumer owns is a new type of rights,not including or included by real rights and creditor’s rights.The disposition rights of the buyer involves two disposition rights of the subject-matter ownership and the subject-matter anticipation.The effect of the disposition of the buyer varies by whether the sale contract provides the retention of title clauses or not, whether the retention of title is registered or not, whether the third party is in good faith or not.The anticipation rights is owned by the buyer and can be disposed with freedom.As regards the effects of the guarantee right stipulated by the consumer will differ with the different types of the guarantee right.The third chapter of the dissertation is problem-arising,there is some insufficient in the legislation of sale by installment in our country.In addition,the dissertation is comparison method calibration,learning from advanced legislatgion on the sale by installment payment in Germany,Japan,Britain.