Systematic Positioning And Rules Applicability Of Retention Of Title Transaction

Under the background of optimizing the business environment,the "Civil Code" introduces the legislative idea of functionalism,and reforms the relevant rules of the sale and purchase of ownership retention.Formally,the "Civil Code" still stipulates the sale and purchase of retention of title in the contract,and the transfer of ownership of the subject matter of the sale is subject to specific conditions.Therefore,the sale of retention of title still has the appearance of a conditional legal act.On the other hand,the "Civil Code" treats the purchase and sale of title retention and chattel security as the same in the setting of relevant rules.Under the legislative model intertwined with formalism and functionalism,it is difficult to identify the nature of the sale and purchase of retention of title,and the qualitative issue is directly related to the construction of the rights system of the buyer and the seller and the interpretation and application of relevant rules.Therefore,it is necessary to clarify that the sale of retention of title is under the current law.To build a rule system for retention of ownership transactions and provide guidance for the correct application of relevant rules.The first part of this paper first focuses on the analysis of the specific regulation of foreign law on the sale of title retention,focusing on the processing methods under the legal system that is greatly influenced by the functionalist legislative model,in order to summarize the functionalism legislative model,the combination of functionalism and formalism The specific structure of the retention-of-ownership transaction under the Civil Code provides a perspective for analyzing the system positioning of the retentionof-ownership transaction under the Civil Code system.The "Civil Code" introduces functionalist legislative ideas,and the adjustment of the relevant rules of retention-ofownership sales has led to numerous debates in the academic circle.This chapter will expand the relevant debates,and finally propose a feasible interpretation path.Following the content of the first part,the second part of this article will further define the legal status of the buyer and the seller in the transaction of retention of title.Under the "Contract Law",the sale of retention of title is a conditional legal act.Before the conditions are fulfilled,the seller enjoys the ownership of the subject matter,and the buyer owns the subject matter based on the sales contract.Under the "Civil Code" system,the specific nature of the purchase and sale of retention of title changes,and the content of the rights of the buyer and the seller changes accordingly.In this context,combined with other movable property security systems,this paper attempts to discuss the legal status of the buyer and the seller and the rights boundary of the buyer and seller.The third part of this paper focuses on the system of the right of reclamation in the sale of retained ownership.Under the system of the Contract Law,the seller,as the owner of the subject matter,can exercise the right of reclamation to restore the possession of the subject matter under certain conditions.Under the system of "Civil Code",the legal status of buyers and sellers with retention of title has changed,and the right basis for the seller to exercise the right of reclamation and the nature of the right of reclamation need to be studied.In addition,when the buyer goes bankrupt,the exercise of the right of reclamation also overlaps with the relevant legal systems such as the Enterprise Bankruptcy Law.Therefore,this part discusses the connection between the ownership retention system and the Enterprise Bankruptcy Law.The fourth part of this paper focuses on the application of the rules when the rights of the seller in the retention-of-title sale conflict with the rights of other third parties.It focuses on the application of the rules in the conflict between the seller’s rights and the rights of the buyer’s general creditors and other security interests.From the above,under the background of the change in the system orientation of the retention-of-title sale under the system of the Civil Code,this article attempts to analyze the interpretation and application of the relevant rules caused by the change in the nature of the retentionof-title sale.