Research On The Buyer's Right To Expect In The Retention Of Title

On the ownership of the retention of buyers and sellers in the foreign expectations of foreign scholars have been studying abroad,along with the continuous development of credit economy,as well as people's consumption needs and their own consumption level of the contradictions continue to increase,with the title to retain the installment of the transaction In the form of more and more commodity transactions are applied,this form of transactions on the one hand to stimulate the market demand,promote economic development,on the other hand to meet consumer demand for consumer demand has a positive effect.In this paper,by discussing the historical development of the retention system of ownership and the relevant theory of the buyer's expectation,this paper focuses on the study of the transfer of expectation of the buyer's expectation;the conflict solution when there are other security interests in the subject matter;The specific arrangements for the relief system at the time of damage,and the specific provisions of the legal system in the future civil code.Through the study,this paper argues that the buyer's expectation is transferable,and its transfer rules can be made according to the rules of movable property transfer,but need to be consistent with the existing judicial interpretation of the sale and purchase contract,without the consent of the seller to buy People need to concept delivery(mainly occupied by the way),and then balance the interests of both sides of the structure.First,the existence of other security interests in the subject matter of the situation,combined with China's "Property Law" on the security of the conflict of things to resolve the solution,and put forward to the existing Of the notice of the registration system to be modified to extend the application of special chattels,so that the buyer's right to expect and third party security rights conflict resolution with the existing legal system is consistent.Followed by the transfer of the seller and the third person against the buyer's right to expect the situation,the main part of the seller is the buyer did not fulfill the conditions of the contract when the subject matter of the transfer of the solution,and the third The right of the person to infring the subject matter of relief.The buyer can be through the advance notice of registration,liquidated damages in advance of the agreement,after the default recovery,as well as the claims of infringement and possession of the protection system to carry out relief.With regard to the future arrangement of the buyer's expectation system in the civil code,the idea of this article is to confirm the right of expectation of the buyer's expectation,that is,the right of expectation in the civil rights of the general rule of civil law,Article 127 "Other civil rights and interests stipulated by law in the civil subject shall be amended to read as" other civil rights and interests stipulated by laws such as the expectation rights of the civil subject "and shall be confirmed in the civil code.The supplement to the existing provisions on the retention of title in the judicial interpretation of the sale and purchase contract,and the increase in the provisions on the settlement of the buyer's expectation,the conflict resolution with other security interests and the protection of the buyer's expectation,And in the course of the formulation of future civil codes,the system is supplemented into the provisions on retention of title in the sale and purchase contract.In this paper,we hope that through the study of the first two questions of the buyer's expectation,we will enrich the theory of the third problem,that is,the confirmation and protection of the buyer's right of expectation in the law.The buyer's expectation of the right to trade and protection to provide institutional support,and thus maximize the buyer's expectations to play the value.