On The Protection Of The Buyer's Expected Interests In The Installment Payment

With the vigorous development of the market economy and credit economy in China, installment sale under retention title is attracting growing attention for convenience and safety. In the sale of retained ownership, however, both the legislators and scholars, out of the consideration of the design of retention title, are more concerned about the protection of the interests of the sellers, and to some extent neglect those of the buyers, which the author believes would lead to the imbalance of the interests between the two parties of the transaction, and is not conductive to the sale of retained ownership, especially commodity-trading. Because in installment sale of retained ownership, the ownership of the subject matter is retained by the seller, but the buyer is not only entitled to vesting of ownership transfer of future subject matter, but the buyer has an increasing expectation of obtaining the ownership of the subject matter with the installment payment of the price or the completion of other agreed conditions. This has become a key issue in installment sale of retained ownership.Moreover, because of the limitation of the buyer in economic status, trading experience and market information with respect to the seller, the buyer is easier put in a weak position, which requires a reasonable inclining in terms of legal configuration to protect the expectation interests of the buyer in order to achieve a true balance of the rights and obligations of the two parties of the transaction. Therefore, this thesis is intended to research into the protection of the buy's expectation interests in installment sale under retention title, conduct a comprehensive analysis of such legal elements as the concept and nature of expectant right, and probe into ways to protect their interests from the perspective of legislative and judicial practice. It is hoped that this thesis may shed some light on improving the existing protection systems.Besides the introduction and the conclusion part, this thesis consists of four parts. After a brief introduction of the legal meaning of the buyer's expectant rights.The first part proceeds to discuss different theories on the buyer's expectant rights and the author's analysis as well as opinions towards the nature of the buyer's expectant right. Then the author presents his viewsThe second part focuses on the development of the buyer's expectant right and its empirical considerations. Based on the retrospective study of its emerging at the beginning of the 21 century, the thesis explores its development in modern days. Empirical considerations are taken of the buyer's expectant right from the research on basic theories, the imbalance between the rights and obligations in retention title, and the maturity of the economic status of expectant right.The third part talks about the realistic predicament in protecting the buyer's expectant right. In light of China's legislative and judicial practice, the thesis points out the problems in protecting the buyer's expectant right, mainly in terms of deficiencies in legislation, judicial interpretation, and the conflict between relevant theories, as well as the potential damage to the buyer's expectant right from the seller and the third party.The fourth part explores the improving of the systems in protecting the buyer's expectant right. The author comes up with suggestions on how to perfect the legal protection of the buyer's expectant right from three perspectives, which are the regulation of China's trading system, the seller's rights and obligations, and the rights and obligations of the third party.