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Multinational Bankruptcy Ownership of Reserves Research Problems

Author: LiaoWenYan
Tutor: XuQuan
School: Southwest University of Political Science
Course: International Law
Keywords: the retention of title multinational bankruptcy recall Expectations right
CLC: D997
Type: Master's thesis
Year: 2012
Downloads: 7
Quote: 0
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Abstract


The retention of title terms, this is the purpose of the design in the international sale ofgoods to prevent the buyer is not in accordance with the contract of the agreement thepayment obligations and damage the interests of the seller, when the buyer pays a part of ornot all payment, the seller can be based on the retention of title in the contract terms to thebuyer claim return the cargo. But, in multinational bankruptcy, especially in the bankruptcyprocedure in the buyer to the seller may, will become a general creditor of bankruptcy, at thistime, the retention of title terms that will challenge. Due to betray a person to be able to availhimself of the provisions will the retention of title of goods from bankruptcy to retrieve,might damage the interests of other creditors. If the international sale of goods for theretention of title in a term in the buyer and seller of bankruptcy has the goods and not all thepayment of the case, whether admit the retention of title terms in bankruptcy, the effect willbe multinational of the seller and other creditors have very important sense. Due to theretention of title to the object and the terms of the validity of the attitude is different, somecountries will only allowed under the sales contract subject matter, and can keep ownershipothers will retain ownership of the object to the buyer the subject matter for extension that theincome generated from any contract and claim. At the same time, some national legislation toset the retention of title is no need to register will be effective, but some countries are rulesmust be register to register or use force against effect. Therefore, the seller will face two fates,or according to the retention of title from bankrupt back in terms of cargo, or become ageneral creditor, according to the distribution of the bankruptcy property principles get tender.In combination with the retention of title to explore the theory in the bankruptcy of themultinational effect problem.The article is divided into four parts,including text and conclusion.The first part of “the retention of title system theory and its legislative practice”. Theretention of the meaning and type is expounded, and the controversial the retention of title oflegal character define and various countries to the retention of title the legislative practice.The second part of "international bankruptcy in the retention of title system of the objectand its establishment mechanism". The retention of title of the object, at present the countriesmost admit chattel can become the retention of title of the object, there are a few countriesadmit that real estate can be used as the object of the retention of title, in addition, may also involve such as expansion of the retention of title under the terms of the extended outbuyerDispose of the price of the goods and the processing of the gold products, and otherspecial goods. For the retention of title for the establishment of a mechanism, the maininteresting autonomy principle, registration, the registration of effective against effectivenessthree. All of this attitude is also different.The third part of "international bankruptcy retention of title of internal structure". In thispart, will explain in multinational bankruptcy in the recall of the seller and the buyerexpectations right and in the bankruptcy of protection of the interests of a third person.The fourth part of "international bankruptcy in the validity of the retention of title terms",Main combination two famous related cases interpretation two differing views, recognizingthat said and deny said, and the seller and the buyer in bankruptcy when their bankruptcyeffect problem, and the retention of title clauses in multinational bankruptcy possible conflictand difficulties are discussed, and puts forward corresponding solving Suggestions.

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