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On the Settlement Mechanism of Right Conflicts in Title Retention Extension

Author: LiGuoQing
Tutor: ZhuXiaoJuan
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Retention of title Retention of title extends Conflict of rights Settlement mechanism
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 46
Quote: 0
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Abstract


Retention of title from appearing so far, has been developed into a more mature legal system, legislation and practice of civil law and common law countries have recognized and adopted it. Contemporary society in the economic globalization, the simple retention of title can not meet the requirements of the development, ownership remain broad and in-depth development, we will produce the extended retention of title terms. Retention of title can \Retention of title extends the contract of sale, gift contract, reciprocal space which are applicable to contracts and other legal relations, taking into account the limited space, conduct feasibility studies and illustrate the most common of the contract, for example. Retention of title extends the contract terms agreed, the seller, buyer and third party interests have to be balanced protection to promote the safety and efficiency of trading. Retention of title extends the legal system should provide for the rights conflict resolution among institutional relief. The trading practice thirst for legislative support, China's General Principles of the Civil Law, Contract Law, Property Law \Therefore, in accordance with the actual needs of the country, built on the reservation of ownership and its legal system extends the specific operation on the implementation of appropriate regulations and recommendations, can not avoid the subject of the legal profession. This article is based on the analysis of national legislation, jurisprudence and doctrine, the extension of the retention of title to explore, in addition to the introduction and conclusion, the text is divided into three parts. Introduction of retention of title extends the problem to explore the meaning and value analysis, the conclusion part of our build retention of title extends the idea of ??the system. The first part focuses on the retention of title extends the type and the legislation, the author based on the analysis of the values ??and history of the development of the system of retention of title of ownership to retain the extension of the type of their in Two Schools countries the legislation is discussed. Retention of title extends in Two Schools countries, the development of the part of the main line and the key issues discussed on the example of extraterritorial legislation, in order to retain our ownership below extends improve judicial practice, the application of the relevant legislation to provide a reference. The second part focuses on the ownership reserves the right to extend the seller, the buyer and the third person of fundamental rights and institutional guarantee. The right to get back to the seller, the buyer looks right, and the third person in good faith to obtain the in-depth research to provide a theoretical basis for the three root causes of the conflict of rights and solve. The third part is the core part, focused on the ownership reserves the right to extend system conflict to solve the problem. From the two levels of the legislative and judicial rights conflict resolution mechanism, the legislative level in the analysis based on the impact of current legislation on the retention of title extends proposed perfect ownership reserved to extend the rights of the legislative proposals of the conflict resolution mechanism. Judicial level on retrieve an extension of the rights acquired in good faith, again dispositions acquired in good faith, the third person in a security subject matter, bear of a third party against the risk of the subject matter is resolved in the judicial practice. So that the seller, the buyer and the interests of the third party must be balanced protection to promote the safety and efficiency of trading.

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