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

Installment purchase is a form of transaction that is becoming more and more popular today.As a typical consumer contract,it plays an important role in promoting consumption and stimulating domestic demand.However,China only has the 167 article of the Contract Law to regulate it.The legislative provision is too simple to meet the needs of practice and it is not conducive to the protection of the rights of buyers.In addition to the introduction and conclusion,this article is divided into five parts,from the whole to the local,from macro to micro detailed description of the concept of the installment purchase contract,the necessity of the protection of the buyer's rights and the buyer's rights under special terms,through comparative analysis of other countries and regions relevant legal provisions and relevant academic doctrines,try to analyze the legal provisions of China's installment payment contract and its deficiencies,and put forward relevant suggestions for improvement.The first part mainly deals with the basic problems in Installment Sales Contract.The times of payment in the contract should be third or above.It is generally considered that after the buyer receives the subject matter,the buyer must pay the price twice to the seller.And there are no special restrictions on the item in Installment Sales Contract,so the item including movable property and real estate.The second part mainly discusses the necessity of protecting the rights of buyers in the installment sales contract.Mainly analyze the balance of interest theory and the trend of national legislation.The installment payment contract is a consumer contract,and the buyer is often in a weak position.Their rights need to be protected.The third part focuses on the protection of the rights of buyers in special circumstances.In the absence of ownership retention,the buyer directly owns the title of the subject matter.In the case of ownership retention clauses,the buyer has the right to expect the contracted subject matter,and as the buyer pays the price increases,his power gradually increases.After paying the full price or meeting other specified conditions,the expectation right of the buyer is turned into ownership.The buyer's expectation right can be transferred or disposed of.If the seller disposes the subject matter of the contract during the period when the contractually stipulated conditions are not fulfilled,it constitutes an infringement of the buyer's expectation right.The German Civil Code stipulates that such behavior is invalid.If the buyer fails to pay the price according to the agreement,fails to complete the specific conditions as specified,or sells or pledged the subject matter,or makes other improper punishment,the seller has the right to retrieve the subject matter of the contract.In the specific procedures for the exercise,he shall pay attention to the rights of the buyer.It should be considered that the statutory dissolution under Article 94 of the Contract Law and the dissolution under Article 167 of the Contract Law shall be regarded as a supplementary relationship,that is,when the contract is terminated in the application of Article 167,there must be a corresponding reminder and a reasonable period of performance.The reminder and reasonable performance period.After the contract is terminated,the use fee of the subject matter,the compensation for the subject matter at the time of damage and the cost of entering into the contract shall focus on protecting the rights of the buyer while respecting the autonomy of the subject.The fourth part mainly discusses the borrowing of extraterritorial law.Germany,Japan,and Taiwan and other places also have legislative provisions on the installment sales contract.The legislation focuses on the protection of the rights of buyers.Germany stipulates the provisions of consumer contracts for installment sales contracts.There are series of provisions in favor of the buyers,such as the written form,the withdrawal of the buyer,and the written delivery obligation of the seller.In Japan,there is a system of cooling-off period.There are also written requirements for the installment payment contract.The regulation of the seller is reflected in the express terms of the transaction and the obligation to inform the contract.The "Moving Property Guarantee Transaction Law" and the "Consumer Protection Law" in Taiwan of China also have corresponding provisions on the installment sales contract.The fifth part puts forward suggestions for the improvement of the relevant provisions of China's installment sales contract.Mainly from the expansion of the scope of application of Article 167 of the Contract Law,the control of the payment,the procedural safeguards and other aspects to put forward the perfect recommendations,in order to better play the role of the installment payment contract.