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Research On The Ownership Reservation System

Posted on:2021-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q HanFull Text:PDF
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With the development of time,all aspects of modern society develop rapidly,especially the rapid development of China's commodity economy,economic development has changed people's way of life,people are more and more seeking to enjoy the material,with its unique advantages,the system of retention of ownership has been paid more and more attention.The system of retention of ownership is simple and safe,which can balance the rights and obligations between the parties.It is an atypical security system.In our country,only in the contract law,the ownership reservation system has been stipulated in principle,which is rough and simple,far from meeting the needs of the development of market economy and balancing the rights and obligations of both parties in the contract.In recent years,China has begun to formulate a civil code.Scholars have different opinions on how to improve the ownership reservation system in legislation.Therefore,this paper analyzes the legislative experience of other countries,studies the existing problems of this system in China,and puts forward suggestions for improving the ownership reservation system in China.The main body of this paper is divided into five chapters.The first chapter mainly introduces the background and research significance of the topic,as well as some experts and scholars in our country and abroad for the existing theoretical results of the ownership reservation system,so that we have a preliminary understanding of the background,research significance and research status of the ownership reservation system.The second chapter is the overview of the ownership reservation system.Firstly,it shows several definitions of the concept of ownership reservation in the academic circle,and then it compares and analyzes the characteristics of several definitions to get the point of view of the concept of ownership reservation in this paper.It also shows and combs several theories of the nature of ownership reservation.Through the comparative analysis of several typical theories,it draws the conclusion of this paper on the nature of ownership reservation.The third chapter analyzes the legislative status and existing problems of the ownershipreservation system in four aspects: object scope,publicity method,the buyer's expectation right,and the seller's recall right.The fourth chapter introduces the legislative practice of the representative countries and regions.This paper analyzes how the system came into being,developed and its current state in various countries,expounds the legislative status of each country for the system,and through understanding the excellent legislative experience of these countries and regions,it can give some enlightenment to improve the ownership reservation system in China.The fifth chapter puts forward suggestions to improve the ownership reservation system of our country,mainly from four aspects,the first is to make clear the object scope of ownership reservation;the second is to make clear the publicity methods of ownership reservation in our country,so as to protect the safety of transaction;the third is to build some systems to protect the expectation right of the buyer,so as to prevent the buyer's right The fourth is to improve the system of the seller's right of withdrawal,so as to better balance the interests between the two parties.
Keywords/Search Tags:Ownership reservation, Expectant right, Right of recall
PDF Full Text Request
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