The Research On Legal System Of Payment By Installment

With the development of market economy and the change of consumption concept,the payment of installment has become a new way to meet people's premature consumption.It can not only cover the shortage of purchasing power,but also stimulate consumption and economic growth.Installment sale began in nineteenth Century in the United Kingdom,because of its great advantages,it is well-received in the United States,France,Germany and other countries.However,due to the late start of the market economy in our country,this means of exchange came into vogue until this century and leave much to be desired.In view of the great potential and superiority of this means of exchange,the author intends to select the topic of "The Research On Legal Issues Of Payment By Installment" as the aim of the research.If only it can provided same suggestions for the application of payment by installment.This paper consists of three parts: introduction,main body and conclusion.The main body consists of four chapters.In the first chapter,we introduce the classic case to introduce the controversial issues in the installment payment,such as the retention of ownership and the expectant right.This chapter analyses the nature and the range of application the retention of ownership,as well as the time of transfer of ownership.The conclusion is that the ownership reservation is a conditional legal act,the scope of its application should be limited to movable property.The ownership of the subject matter is transferred upon delivery,apart from the provisions of the law or other agreements by the parties.With regard to the expectant right,the author affirms the existence of this right and tries to make a qualitative analysis.The second chapter sums up the relevant legislative mandates in our country and points out its defects and shortcomings.Generally speaking,the current legal system of the installment payment in our country has some shortcomings,such as legislation lag,disorderly and unsystematic and the lack of maneuverability.The third chapter is the reference of legal institutions of the installment payment in the Anglo American law system and the continental law system.The focus of the investigation is on the relevant systems of the United Kingdom,the United States,Germany,Japan and China's Taiwan region.And then summarizes same valuable experience.The fourth chapter is the suggestion of perfecting the legal system of installment payment in our country.According to the problems mentioned above,we hold the opinion that we can realize the value of installment payment by same method.Such as establish a “cooling-off period” system,publicize the retention ownership,definitize the implementation procedures of the expectant right,improve the clause of loss of limitation,regularize the behavior of anticipated payment.The novelty of this paper is to put forward some new ideas related to the application of “cooling-off period” system,the method of publicize the retention ownership and the way to carry out the Recall Right.Besides,it also emphasize the balance of the interest between both parties.Last but not least,it put forward the way to compensate the seller when the buyer pay in advance.