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Study On Protection Of Buyer's The Rights And Interests In Installment Sale Contract

Posted on:2020-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:X H LiuFull Text:PDF
GTID:2416330575956230Subject:legal
Abstract/Summary:PDF Full Text Request
The installment deal is a special deal.In many fields of law,including creditor's rights(contract debt),guarantee,real right,insurance,etc.,they are involved in,and closely related to economics,law economics,sociology,etc.At the same time,the installment sale also belongs to a kind of credit sale.It is different from the general sale of the characteristics and value of the limited consumption capacity and rapid development of the market economy plays an important coordinating role.This way of consumption has been recognized and accepted by the majority of consumers,and more and more widely applied to modern economic life.However,it cannot be ignored that there is a problem with this consumption mode: legislators and scholars seem to be more inclined to protect the interests of the seller,while ignoring the interests of the buyer.From its concept,we can know that the installment mode of consumption allows consumers to pay less money to get the goods,and the seller therefore has to bear the risk of not receiving the full price.Due to the particularity of this mode of consumption,some relevant regulations have been issued in China's legislation.However,the existing regulations obviously pay more attention to the protection of the interests of the seller,while the protection of the interests of the buyer is obviously insufficient,making the interests of the buyer more vulnerable to damage,which is also the case in practice.However,the author believes that the seller and the buyer are equal subjects in legal status,and their interests should be balanced.Therefore,this paper focuses on the protection of the interests of the buyer in order to better realize the equality in the allocation of legal resources.
Keywords/Search Tags:installment sale, expectancy right, loss of term interest clause, termination clau
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