Research on the Relations of the Retention of Title
|School||East China University of Political Science|
|Course||Civil and Commercial Law|
|Keywords||Retention of title trading Retrieve the right Looks right Non - thirds debt Acquired in good faith Append|
The ownership to retain trading with economic prosperity and development of the credit, and Okazaki its program is simple, convenient transactions and lower costs, and gradually become the favored object of market trading body. Various countries and regions, such as the British pods France, Germany and Japan as well as China's Taiwan region's legislation on ownership of the trading system of reserved explicitly. The current law also required by the system, but only reflected in section 84 of the Supreme People's Court promulgated the \Contract Law \object retrieve the rights of the seller, the buyer looks right before the bar even achievements third party damage the relationship of the subject matter of legal conditions are accomplished before the buyer or seller bankruptcy legal relationship between the parties and goodwill recurring problems in the judicial practice of the legal relationship of the second world title retention traded eliminated circumstances make it clear that many gaps in the administration of justice in dealing with such disputes difficult time to find a trial in accordance with the dig, is not conducive to timely resolve disputes is not conducive to the development of the market economy. This article based on my confining legislative actual, starting from the traditional theory of civil law, and combined with many other title retention trading system is more developed extraterritorial experience field around the reservation of ownership important issues in the sale and purchase buy husband legal analysis of the relationship of the retention of title. The full text of three thousand words, three chapters are discussed. The first chapter describes the ownership to retain an overview of the trading system. The basic concept of trading from the reservation of ownership leads to our current method of retention of title provisions of the trading system. Analyze the realistic value of ownership retained trading, trading a guarantee that the the reserved vendor price of gold claims title retention Department atypical guarantee. The article is divided into two ideas, discusses the distinction between the behavior of real right theory, and does not distinguish between the Real Right Behaviour legislative mode, the legal structure of ownership retained trading, and discusses the re-ownership retained trading achievements of the conditions attached to the whole retain buyers enjoy the looks right legal status. The last part of this chapter discusses the range of retention of title object traded. The second chapter describes the retention of title trading retain vendors legal status and protection. The chapter discusses property rights reserved seller and creditors, noting that retained the the buyer transfer of the subject matter in the third person, retaining the purchaser bankruptcy to keep creditors of the purchaser of the subject matter for the enforcement of third party against the subject of the retention of title retrieve the right to retain the way of the vendor property rights protection, and reserves the vendor in the case of objects such as exercise elements of the exercise program, exercise range and get back the right to exercise legal consequences discussed in detail. Vendor claims the status of reservations chapter reserved vendor implementation of behavior and performance of the results a distinction, pointing out that the warranty obligations of the warranty obligations and rights reserved to the seller to bear the material time the starting point, and reserves the vendor related to the exercise of the right to rescind the The problem discussed. Finally, the chapter describes the various circumstances eliminated retained by the seller retained ownership. The third chapter describes the retention of title trading retain the legal status of the buyer. First around the right to retain buyers expect to the manner and context, and legal consequences, and subsequently analyzed reserved looks right buyer protection in a variety of situations, reserved for the transfer of ownership of the subject mainly from retained sellers matter, to retain the seller to retain ownership of the subject matter before the conditions are accomplished to set security interest reserved seller creditors subject matter, to enforce retention creditors of the buyer looks right to enforce reserved seller in bankruptcy before the conditions are accomplished The paper discusses looking forward to the protection of the right way. Dealt with separately in the third quarter, the third person to retain ownership of the subject matter for the violations, retain buyers and seller inseparable claims reserved. Finally, the chapter introduces reserves the right to buyers expect the eradication of the situation, and appended to the right to retain buyers expect.