A Study On The Right Of Expectation Of The Buyer Retaining Chattel Ownership

Under the background of contemporary credit economy,with the extensive application of ownership retention system,which is an atypical guarantee mode,it shows increasingly strong vitality in the trading market.Starting from the system of retention of title,a good balance is sought between securing the seller's creditor's rights and realizing the pursuit of the buyer's intention to gain value added from the subject matter.At this time,the buyer's right of expectation emerges as its derivative.Since the creation of the concept of the right of expectation,the German academic circles have never stopped disputing about the nature of the right of expectation.Because of the complexity of the nature of the right of expectation,the current legislation in China has not yet made clear relevant provisions,let alone discuss the rules of the independent right of expectation,which will affect whether the buyer's right of expectation can get relief and how to get relief in practice.Therefore,the research on the buyer's right of expectation should be based on the relevant theories of the right of expectation in the academic circles,so that the buyer's right of expectation can play its academic value and practical significance and become a right protected by law.This paper chooses the research on the buyer's expectancy right of chattel ownership reservation as the topic,intends to deeply analyze the rights,obligations and interests of the parties involved in the ownership reservation,and find a suitable balance point from it.Based on this,the article will discuss from the following four parts:The first part is an overview of the reserved buyer's right of expectation.From a static point of view,this paper makes a detailed analysis of the concept and characteristics of the buyer's right of expectation,and then explores the nature of the buyer's right of expectation.It points out that retaining the buyer's right of expectation is a future right with certain probability and still in development,which has independent economic significance and existing value.It provides a theoretical premise for the study of the circulation and relief of the buyer's right of expectation.The second part is about the influence of the transfer of the subject matter of the reserved buyer's expectancy right on the expectancy right.From a dynamic point of view,this paper reveals the independent assignment of the buyer's right of expectation,the rules and legal effectsof the assignment,and discusses the issue of bona fide acquisition of the buyer's right of expectation in different situations.The third part is the remedy to retain the buyer's right of expectation.The first is the remedy from the seller's infringement,including the remedy based on factual and legal acts.Secondly,the remedy of the third party's infringement,including the remedy based on the fact of possession and tort.The fourth part is the Enlightenment of retaining the buyer's right of expectation in China.On the basis of the previous analysis,this paper reflects on the current situation of the buyer's right of expectation in China,and puts forward some suggestions on establishing the relevant system of the buyer's right of expectation in the light of the situation in China and the mature theories and systems abroad.