Font Size: a A A

Research On The Protection Of Buyer's Interests In Installment Sales Contract

Posted on:2019-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:J YangFull Text:PDF
GTID:2416330566987610Subject:legal
Abstract/Summary:PDF Full Text Request
Instalment payments are prevalent in various daily consumer and commercial transaction,and the advent of the Internet era has promoted even more extreme development.While promoting economic transactions,it also inevitably brings new legal issues.The balance of interests between sellers and buyers becomes an eternal focus of attention.In order to reduce transaction costs and avoid transaction risks,sellers often use the form clauses attached to the instalment payment contract to realize the protection of creditor's rights on the basis of their economic size.They agree that the title retention clause,the buyer's term loss clause,and the sale The right of a person to unilaterally rescind the contract,and by means of the guise of autonomy of the meaning,the risk of sale and purchase is transferred to the buyer,and the interests of the buyer are more vulnerable to damage.The first chapter of this article is an introduction.It expounds that the reason for choosing the title is that there is something wrong with the legal specification of the current installment payment transaction,which leads to a more unfavorable position of the buyer.In the prevalence of installment transactions,the buyer's interest protection issues have research value.The second chapter,based on the balance of interests,demonstrates the necessity of protecting the interests of the buyers of the installment sale contract from three aspects: the unbalanced interests of the two parties,the inequality of the contracting status,and the substantial justice of the modern civil law.In the third chapter,based on the close connection between the title retention and the installment sale in reality,the author puts forward the improvement of the title retention system,establishes the recognition of the legal status of the buyer's expectation rights,and establishes a publicity system of ownership retention.In consideration of the issue of registration costs,it can establish many issues.Auxiliary methods.Chapter 4 considers the period of interest to be an important benefit for the buyer,depriving the seller of the buyer's interest in the term of the buyer,limiting the terms of payment before the deadline,adding viable procedural conditions,and maintaining the stability of the transaction relationship.Ensure that the buyer does not easily lose the entire contract benefit due to a delay in performance.Chapter V believes that it's easily for the seller to rescind the contract,and that it is difficult to limit the seller's rights and protect the buyer's interests.The conditions for exercising the seller's right to rescind the contract should be strictly limited on the original basis.
Keywords/Search Tags:installment sale, title retention, period of interest, rescission of contract
PDF Full Text Request
Related items