Research On The Protection Of The Buyer's Expecting Right In Retention Of Title

Ownership to retain the buyer expectation system is a very complex and obscure right,its system is large,the theory of deep,cited ancient and modern famous scholars have to discuss.This paper consists of three parts:introduction,text and conclusion.The introduction of the background of this article,the scope of the study,as well as put forward and analysis,summarize the focus of this paper.The text is divided into four parts to retain the ownership of the buyer to protect the right to carry out research.First,the ownership of the buyer to retain the right to expect the basic theory.The concept is defined as the legal status of the buyer in addition to the claim for the transfer of ownership and the obligation to pay the price,based on the retention of the contract of sale,that is,the ownership of the buyer's legal status.The difference between the right of expectation and the right of inheritance,the right of expectation and the right of inheritance are the vertical classification of the right of civil law,the system is located in the classification of personal property,the formation of the right to form a plea.Obtain the right to establish the conditions are fully equipped,a high degree of certainty,expect the right to a protected "look forward to".Ownership to retain the nature of the buyer's expectation is a special right that combines property rights and claims.Second,pay attention to the difference between the retention of ownership and the relevant contract system.Compared with the conditional trading system,the retention of ownership is not different from the conditional sale.The core of the transaction is the buyer in the contract of sale,and the ownership is retained by the seller before the price is paid.The system of ownership retention is basically in line with the conditional trading system.Its scope of application has great similarity.Ownership retention is also very similar to the nature of the conditional trading system.Ownership retention and conditional trading system only because of its"growth" environment,the legal system of different,so the name is different,its nature is no significant difference.Conditions of sale and ownership retention system,with the conditions of the sale of the system is completely different.When the ownership of the contract to buy and sell disputes,if the parties do not have the conditions for the validity of the contract,only the transfer of subject matter ownership conditions,the application of the "Contract Law" 45 of the provisions,it is not appropriate.The scope of application is also very different.Third,the ownership of the buyer to retain the protection of the content of the content is extremely rich.The right of expectation has been clearly defined as a legal protection of the right to have a unique legal status,and has an independent right to function,such as the right to be punished,get in good faith,on the establishment of security rights and so on.Which of course has a permissibility.The difference between expectation and the "pear","one thing two sell" is also an important part of expectation.Its relationship with goodwill This article mainly divided into three kinds of research,that the first two kinds of goodwill can be established,but the right does not exist in the case of good faith can not be established.In the security interests,the right to expect the property can be added above the mortgage,movable property rights,and lien.Finally,the issue of ownership to retain the protection of the buyer's expectation should be resolved from the legislative and judicial.In the legislation,the contract law needs to make clear the setting of the reservation of the right,and the right of expectation should be protected as the independent right.On other legislation,China's mainland can learn from the provisions of the German Civil Code and the legal action of the Chinese Taiwan Civil Law.Judicial,China's mainland's "sale of the contract interpretation" in the right to return should be limited,and foreclosure is the ownership of the buyer to retain the right to protect the favorable way.The conclusion is a brief summary of the main points of the paper.