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A Study on Retention of Title

Author: LiuZuo
Tutor: SongZongYu
School: Chongqing University
Course: Civil and Commercial Law
Keywords: Retention of title Credit Guarantee Looks right Retrieve the right
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 136
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Abstract

Ownership to retain the old system, glow in the modern economic and social vitality, its simple and efficient, convenient and flexible, low-cost advantage, become more and more common in the economic life by way of security. The country does not establish a sound system of retention of title, while in reality there is a huge system requirements, therefore, strengthen the system of retention of title as soon as possible to improve the existing legislation on the retention of title system design has very important practical significance. In this paper, to clarify the historical development of retention of title, considering ownership to retain the unique structure of the system, and the combination of objective reality and legal traditions, put forward concrete ideas to improve the retention of title system. Article in addition to the introduction and conclusion, the transmutation of the paper the main part of the system by the retention of title, ownership retention system theory resolution, the retention of title system deconstruction, the ownership rights of the retention system structure: conflict and balance, the situation and the improvement of China's legislative system of retention of title idea five parts. The first part of the retention of title system evolution. Retention of title has a long history, originated from the early Roman law, that is documented in the \after its ownership does not transfer \The biggest difference is that the traditional way of security, retention of title system is built on the basis of the credit. Credit economy and the limitations of the traditional way of security, retention of title to the emergence and development of two main reasons. It has guarantee functionality financing function showed unusual vigor in promoting economic development, and is a flexible and efficient hedging mechanism. Retention of title to break the stereotype of the traditional right of ownership ', focused on highlighting the utility value of the material, consistent line concept of autonomy, shortage of resources in modern economic life, highlights the unique value of the system. The second part of the retention of title system theoretical analysis. Retention of title according to the law or the terms of the contract, the owner of the property in advance of the transfer of property possession in the other party, but still retain their ownership of the property until the other party to the delivery of all the price of gold or the completion of certain conditions, the property ownership of a system that occurred before migration. For the legal nature of the retention of title, of all countries unite in doctrine ownership structure and guarantees the right to form two major differences between the conflicts and collisions of these doctrines, this article attempts to resolve theoretically inherent for the outside to the inside of the retention of title, demonstration ownership remains essentially an attached stop conditions of transfer of ownership, the ownership of the seller's retained essentially guaranteed ownership. Retention of title system's emergence in their system design, careful, and then from the transfer of ownership and physical delivery separable theory, ownership elasticity principle, the conditions attached to behavior theory to a combination of three aspects discussed the role of retention of title outside mechanism. The third part of the retention of title system deconstruction. Although China is not clearly defined and the reality of our need to learn from the experience of other national or regional legislation, the range of retention of title object object scope should retain ownership and movable and immovable property. Based on our legal traditions, the setting of the terms of the retention of title should adopt in writing to be expressed; principle on the terms of the retention of title as one of the terms of the contract should at the same time reach a contract is established; special circumstances, after the establishment of the contract, the delivery of the subject matter before, the parties can also be added to set the terms of the retention of title as a change to the original contract. Focus our legislative choices, this paper analyzes the retention of title in-house legal relationship. Retention of title transactions, the seller only for security purposes, the subject matter of possession by the buyer to retain ownership of the subject matter, use, income, and the subject matter of to assume custody obligations; parties according to claims consensual agreement restrictions on the disposition of the subject matter matters, the seller reserves the ultimate disposition of the subject matter, that is, the legal right to dispose of; Should the parties have not agreed to the contrary, retain ownership of the subject matter by the buyer to assume the risk of a reasonable allocation, is conducive to the interests of buyers and sellers. The fourth part of the right to retain ownership structure: the conflict and balance. Look forward to right and the retrieve right to confrontation mechanism is cleverly designed a balance between the interests of both the retention of title system. Four levels from complete as well as the rights of the state of the elements of an independent right, semantics, morphology, rights Elements described the general concept of the right to expect. German jurist of the most debated issues \ownership of the development process, it is a legal status protected by law. Retention of title in Recall Right to retention of title to play a security role in the crux of this paper, the legislative value and practical level, the argument to retrieve the right to exercise the effectiveness is to achieve the contract rather than terminate the contract. In addition, to retrieve the right to exercise conditions and procedures, to retrieve the right to liquidated claim polymerize parties bankruptcy, the effectiveness of the recovery of the right to show a specific link to retrieve the right mechanism, these are the building complete retrieve the right system should be taken into account. Part V of the idea of ??the situation and the improvement of China's legislative system of reservation of ownership. The basis of the legislation is not an abstract theoretical thinking, the law must be closely linked with the reality of social and economic activities have value. The foregoing sections retain ownership history cleanup, theoretical analysis and system deconstruction ultimately be settled in our retention of title system architecture have practical meaning. China's system of retention of title legislation lack provisions of the general system less satisfactory, poor operational in sharp contrast with huge institutional demand reality. Based on the status quo of such legislation, proposed the idea to improve the retention of title system from the legislative ideas still wish to improve the specific design of the system within the framework of contract law, and to make up for the gaps in the basic law through judicial interpretation in the form of specific provisions; while in Some Thoughts on the specific system architecture to improve the retention of title system. These helpful to build and improve on our retention of title system.

A Study on Retention of Title

Abstract

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