| The ownership retention purchase is of great importance in people's life, and there are many juristic problems relevant to ownership retention purchase to be resolved. However, the Contract Law of our country only has brief stipulation on this issue and lacks specific rules. The article analyses the nature of the ownership retention and the jurisprudence foundation that the ownership retention functions on guarantee. Based on the analysis, the article analyses the legal relation between the seller and the buyer and between the contract parties and the third party as well.The nature of the ownership retention, from the point of debt guarantee, is one of the methods of property guarantee and may not be a part of the legal system of real rights of guarantee and, from the point of the ownership transfer, is ownership transfer with suspending condition. The jurisprudence foundation that the ownership retention functions on guarantee is "separable theory of ownership transfer and property delivery", "elasticity" principal of ownership and conditional juristic act theory.Before the buyer has fulfilled the requirement, the seller has the ownership of the object and the buyer has expectant right on the object. The buyer's expectant right limits the use of the seller's ownership. Neither the seller nor the buyer has the right to resale the object. The buyer is entitled to possess and use the object. The risk of the object should be borne by the buyer after the delivery of the object. Under some circumstances, the seller is entitled to withdraw the object.In case the seller or the buyer resells the object to a third party, the resale acts are untitled disposal acts and have different effects in different patterns of real rights transformation. In case the third party has lien on the object, although the seller's ownership and the buyer's expectant right may not counteract the lien, the seller or the buyer may substitute for the other party and perform the obligations to the third party to protect his rights and interests. |
