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Research On The Recall Right In The Ownership Reservation

Posted on:2017-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2336330512951452Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Under the background of continuous economic development and the gradual improvement of the legal system,The system of ownership reservation is becoming more and more protruding in economic communication, which shows its unique economic and legal value. However, due to the ownership of the seller and the seller is not the same time to fulfill the rights and obligations of the parties, So under the rules of the trade, The seller need to bear a greater risk of trading, it is very adverse to the seller. So in order to minimize the risk of trading and striving to achieve the balance of interests between the two sides, The law by weighing design, give the seller a specific right to bear the risk.It can restore the original possession by exercising this right and urging the relative person to fulfill the obligations, it is the recall right system.The purpose of the recall ringht is to make the right and the obligation to return to the state of the same time, Eventually achieve the purpose of the law to encourage transactions.The foreign legislative and judicial practice,Recall right system has been a certain degree of recognition, and continuous development and improvement. However, China's "contract law" and the relevant judicial interpretation of the recall right and the relevant norms have not been fully defined, It is undoubtedly a vacancy in the practice of legislation in our country, Not only incomplete legal system of our country, But also to the judicial workers deal with relevant cases in legal practice confusion. Therefore, I try to compare with the overseas advanced legislation provisions, Combining with the current situation of our country.By defining the concept, content and nature of the recall right,founding the main problems and limitations of exerting the right and applicable scope and procedures. To further explore the experience to improve our retention of seller recall system,To provide theoretical reference for the legislation and judicial.The main content of this article includes the following parts:The first part is an overview of the recall right system, i synthesize the domestic and foreign legislation theory and define the concept and content of the recall right. And on this base, by the comparison with neighboring concepts, Further analysis the legal nature of the recall right. The second part is the exercise of the recall right, by the analysis of the recall right of the exercise conditions, procedure and scope, After clarifying the differences between the recall right and the security and the third person in good faith, focusing on the restrictions of the exercise to the recall right.The third part is the status of the recall right of our country and the problems, i analyze the present situation of the legislation of the recall right in our country, from the aspect of the exercise conditions, application, limitation and scope to discusse the problems and shortcomings of the system in our country.The fourth part is on China's recall system suggestions of improvement, based on the experience of foreign legislation and academic theory, trying to put forward the legal concept of recall right in contract law under the framework.
Keywords/Search Tags:The ownership reservation, the recall right, Legislative Perfection
PDF Full Text Request
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