Study On The System Of Retention Of Ownership In Mainland China

The system of retention of title is an ancient system which originated in Roman law.At that time,the trade in goods was not as active as the commodity market today.With the boom of instalment trading in market economy,the ownership retention system has attracted more and more traders' attention.The parties tend to choose to put the title retention clause in the installment sale contract to protect the security of the transaction.Although China's market economy started late,but in recent years has been a welcome development,the ownership retention system is also increasingly applicable frequency.In contrast to the prevalence of the system of retention of title,there is a serious lag in the legislation of the system of retention of title in mainland China.Article 134 of the Contract Law and Articles 34-37 of the Judicial Interpretation of the Sale and Purchase Contract contain basic and simple provisions on the more representative related issues of the system.These legal provisions are far from sufficient for all kinds of disputes concerning the retention of title system in market transactions.With the development and maturation of the market economy,the advantages and functions of the ownership retention system are more and more restricted.Based on an in-depth study of the development of the ownership retention system in the mainland of China,the author puts forward some suggestions for further improving the ownership retention system based on the comparison and reference of the excellent domestic and foreign legislative experience and theoretical achievements,and aims to make it more suitable for the development of the market economy.The thesis consists of three parts: introduction,text and conclusion.The text is divided into three parts.The first part is a general introduction to the basic problem of the ownership retention system.To study the history of the system of retention of title vertically and understand the development process of retention of title through literature and academic materials;In this paper,the author compares the legislative status of Chinese and foreign ownership retention system in a horizontal way,and finds out the deficiency of China's continental area.The key point is to study the advantages of this system in credit transactions represented by installment,to make a rational orientation of its nature,and to clarify the scope of application of the ownership retention system.By introducing the basic content of the title retention system,it further highlights the superiority of the system and provides a realistic idea for the improvement of the ownership retention system in mainland China.The second part discusses the publicity system of retention of title.In this part,the author makes a detailed comparison between various modes and modes of publicity of the ownership reservation system,and analyzes the advantages and disadvantages of the publicity system in typical countries and regions.In this part,the author analyzes the advantages and disadvantages of the current public disclosure system in the typical countries and regions,and by studying the shortcomings of the public disclosure system of the right of ownership in the mainland of China,points out that,in the light of the academic spirit of selecting the essence of the public disclosure system and eliminating the dross of it,the Chinese mainland should adopt a scientific approach to the legislative model of the public disclosure system of the right of ownership,and propose a series of effective publicity,including the registration authorities To perfect the ownership retention and publicity system in the mainland of China to open up a new direction.The third part analyzes the system of validity of retention of title.The content of the effectiveness system relates to the relationship of rights and obligations between the seller,the buyer and the third party outside the contract in the retention-of-title relationship.These relations of rights and obligations are very complex,but they are not clear due to the absence of law.This paper makes clear the complex relations of rights and obligations from two aspects:the buyer's expectation right and the seller's right of repossession,and further establishes the system of retention of title.On the one hand,the expectation right of the buyer is still a legal blank in our country.The author starts with the two representative questions about the nature of the expectation right and whether the expectation right can be transferred.On the other hand,although the law has simple provisions on the right of the seller's right of withdrawal,but the simple law appears to be insufficient to solve the complex problem of the right of withdrawal,so the author analyzes the legislative experience of the United States and Taiwan,and puts forward reasonable suggestions for the improvement of the right of withdrawal.