The Study Of Ownership Retention System

With the prosperity and development of the economy, the credit economy has occupied the market.On the purpose of safeguarding their own rights and interests,the protection methods are adopted in the market. Among them, the guarantee function of the Retention of Title has gradually raised the advantage. But the provisions about it in our country are still limited in the field of Contract Law.< Interpretation of the Supreme People's Court on the interpretation and application of the judicial interpretation of the contract(hereinafter referred to as the "interpretation of the contract of sale")>had regulated the rights of the seller and the buyer. However, the fundamental purpose of the Retention of Title is to guarantee,for the purpose of realizing the seller's obligatory right. This is the fundamental starting point for people to adopt the system.Security function as the main function of Retention of Title should be paid attention to. Therefore, the author believes that it can be incorporated into the legal guarantee, so as to realize its security function, protect the rights and interests of the parties to achieve its system value. That's the base of this article.This paper mainly consists of five parts:In the first part, the basic theory of Retention of Title is analyzed. In the basic theory, it relates to the analysis of the concept and character of it. On the basic concept, theory circle at present, there are three viewpoints, the author agrees with the argument proposed by Mr. Qu Zonghong who said: ownership retained ownership in the contract of sale, the seller before the buyer personnel requirements to have enjoyed the subject matter of a contract clause;The nature of it is widely disputed in the countries all over the world. The author believes that the seller's retention of ownership is based on his own subject,to have the right.It should be characterized as proprietary rights.The second part discusses the relationship between the ownership reservation and the existing system. Firstly, the relationship between it and hire purchase. Based on the opinion that the development of Retention of Title is along with the prevalence of the hire purchase. So many countries think that the relationship between ownership reservation and hire purchase is the coexistence.So the author makes a distinction between them. The author thinks that when combines the ownership and the hire purchase,it can indeed produce a strong vitality.But the Retention of Title is not the monopoly of the hire purchase,it will also appear in other contracts; and in the hire purchase contracts,it does not necessarily agree all rights reserved terms;secondly,ownership reservation and conditional sale.In the United States, ownership retention is conditional on the sale, but our country does not have such a statement, so it should be screened. In our country, Retention of Title is to retain ownership transfer of ownership restrictions.However, conditional sale in the "conditions" is the effect of the contract, only the conditions of success, the contract will have effects.The third part of this paper analyzes the effect of the Retention of Title.In essence,it refers to the impact of ownership retention on both parties and other people. It is divided into two sections to discuss: the internal force and external effect. The interior effect, the author analyzes the buyer's right and sale of recall right which enjoyed by the seller; external validity, the author analyzes the subject matter of the other people infringing, the parties of both sides how to protect their rights, and both the buyer and the seller for mortgage, pledge, lien and other acts of third party influence. Thus, the ownership reservation can not only protect the rights and interests of buyers and sellers, but also can repair the impact of ownership retention on the other people, in order to achieve its security functions better.The fourth part of this article discusses how to improve the ownership reservation in our country. Mainly from the legislation of various countries and the current situation of Retention of Title in our country to explain. The author thinks that the ownership reservation should be taken as a kind of legal guarantee, and it should be incorporated into the <Guarantee law> of our country to consummate the system.On the way of emerging,it must be emerged by express way; On the time of emerging, it should be the signing of the contract or delivery of the subject matter before you can; The scope of application, the author carries on the elaboration from two aspects, on the one hand is applicable to the type of contract, it should not be confined to the contract of sale. On the other hand, the scope of the application of the object should be limited to movable property. The last question about whether the ownership reservation should be publicized. The author holds a positive attitude. For ordinary movable property, express agreement can be established, without publicity; but for special movable property, should be registered, or it can not resist the good intentions of other people.The fifth part, on the basis of the above contents, summarizes the full text, forecasts the future. The author thinks that the Retention of Title is fixed as a kind of legal guarantee, it can promote the development of credit economy and realize the value of the system.