Applicable Law To Retain Ownership Of The Problem Of Installment Sale

Ownership Reservation installment traded in the traditional way of security are not well adapted to the economic needs of the case emerged. This system of trading interests of bona fide third parties and have the care and taking into account the efficiency and security, so that the interests of all the security functions of this problem is to maximize. Therefore, title retention system can be widely used in trading in installments.China's "Contract Law" Article 134 pairs title retention system to make the principles and provisions of simple, but with the economic development, as well as an increase in trading switched to the concept of human consumption, so that the system appeared to be solved in many judicial practice problems. Lag issues and solve the contradiction between the urgency, so the Supreme Court promulgated the "interpretation on the trial contract dispute case law applicable to the issue of" Judicial Interpretation(2012) on the 7th in 2012(hereinafter referred to as the law of "contract for the sale of Justice interpretation "), the judicial interpretation by the four provisions that required eight to retain ownership of the scope of the system, the seller the right to recover its limit, foreclosure and other issues the buyer has made a relatively detailed explanation. But retain ownership of the system are still many needs further refinement in the effectiveness of its internal and external effectiveness and ambiguities, in addition, the judicial interpretation of the scope of the reservation of ownership restrictions are too strict and did not relate to the registration system to retain ownership regime. These sorts of deficiencies, leading to the application of the law to retain ownership of the system is the need to further explore, which is also the author of this article to explore the reasons why were lies.This paper aims to the latest issue of judicial interpretation of the law applicable to retain ownership of the system of installment sale of conduct, and in its basic interpretation and analysis, title retention system further improved. In this paper, through the four parts of the law applicable to the issue of retention of title was the first part of the ownership system Poly installment sale of related concepts are introduced first, to pave the way for the later theory. The second part of the law applicable to retain ownership of the system for case analysis to identify the emergence of some judicial practice focus, and elaborate system of law applicable to the parties retain ownership of focus. The third part of the legal regime applicable to retain ownership issues were discussed. Made some suggestions to improve the relevant part of the fourth.