| As a kind of effective atypical guarantee,ownership reservation is produced in western market economy countries and is widely used in the field of international and domestic trade.For our country,the system of retention of title was formally established after the promulgation of the Contract Law in 1999.Based on Theory of Juristic Act of Real Right,this dissertation mainly studies the legality and rationality of the transfer of the rights of the seller,and holds that the transferee may alter the ownership by consensus with the buyer after the assignee grants the seller the ownership Reserve the conditions and may in this way set a guarantee for its claims against the buyer,and may exercise the right of withdrawal to meet the purpose of its guarantee provided the statutory or agreed terms of return are met.This article is divided into six parts,The first part introduces the issue to be discussed in this article by introducing a real case of Xiamen Intermediate People's Court—Is the seller's right of retention of title transferable? What is the effect and consequence of the transfer? And how should assignees exercise their rights? It also reveals the theoretical significance and practical value of the issues studied in this paper.The second part begins with the definition of ownership reservation,analyzes the inherent legal relationship of ownership reservation system,and focuses on two aspects: the nature of the seller's rights and the buyer's expectation.The third part analyzes the transfer of the seller's rights,including its feasibility,the changeability of the attached conditions,the effective conditions and the validity of the transfer of rights and so on.The fourth part mainly introduces recall right and the conditions,procedures and restrictions for the transferee's recall right after transfer.The fifth part is the analysis of how to handle the subject matter after the transferee exercised his recall right.The sixth part concludes the full text. |
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