On The Conflict And Balance Between Retention Of Title And Movable Property Security

With the development of market economy and the increasing demand for financial liquidity in society,guarantee has become an important way of financing.The movable security system,with its convenience in delivery and low cost of setting,has become an increasingly high value and an important way of guarantee for transactions.Title retention is widely used in the property transaction,and the guarantee function of this system is also needless to say.China has made principled provisions on title retention mainly in contract law and the judicial interpretation of the supreme people's court on some issues concerning the trial of sales contracts,while property law and its judicial interpretation have not.If the parties to title retention set any mortgage,pledge of movable collateral according to law without the rules applicable in China,which causes the theory circle and the legislation debate unceasingly,also causes in the judicial trial the similar case to have no basis to be able to rely on.This article first to state retention of title and movable property security on the basic theory and status quo of extraterritorial legislation,then analysis the effect conflict of current situation of legislation,the current situation of judicature and problems,and finally puts forward the methods to solve the problem in order to realize the coordination and balance.The introduction part introduces background research,research significance,literature review,research ideas,methods and innovation.The first part discusses the system that the buyer becomes the owner of the subject matter only after the payment of the agreed price is completed.The system has the function of guarantee.This paper introduces the related theories of the nature of title retention and analyzes its advantages and disadvantages and the different rules of the system major countries in the world,defines the legal nature of title retention as a kind of non-typical real rights for security.The second part studies the basic theory of chattel security right,the reference corresponding regulations both at home and abroad,and explore the major types in countries of two important legal systems,the conflict and solution between the title retention and the real right of chattel security.It provides reference for our country to solve the conflict between ownership reservation and guarantee of movable property.The third part starts from the current legal provisions in China,summarizes and analyzes the legislative defects of the conflict between the title retention and the real right of chattel security.From the perspective of practice,this paper analyzes the judicial thoughts and solutions of conflicts in judicial cases,puts forward the main problems are the excessive application of bona fide acquisition and the lack of publicity system of title retention.The fourth part summarizes the existing problems in legislation and judicature,classifies and analyzes the effectiveness conflicts between title retention and chattel mortgage,and puts forward different resolution rules and suggestions for different effectiveness conflicts.The conclusion part generalizes and summarizes the full text,mainly puts forward some of the author's views and expectations for the future.