System Of Retention Of Title

Guarantee for creditor's rights is the necessary development of economic market. The traditional guarantees, such as the mortgage, the pledge and the lien will increase the cost of exchange; and its strict requirements of guarantee restrict the further development of installment sales. While, with its advantages, the title reservation will provide a great chance to the development of installment sales. In this dissertation, the author's very aim is at analyzing the effectiveness of title reservation in contracts of installment sales .There are three chapters in this dissertation:Chapter I , the study of the basic questions of title reservation. In this chapter, after the analysis of systematic functions of title reservation and the comparison to traditional guarantees, the author holds that title reservation not only can guarantee the creditor's rights, but also will not prevent the buyer to use the goods; and then, the legislation history of title reservation is listed; furthermore, after the analysis of concept of title reservation, the author thinks that we should adopt the doctrine of title transfer with suspensive conditions and the condition is for the contract conduct, on the view of the transfer of title; lastly, the author supports that title reservation is a kind of guarantees for real right.Chapter II, the rights conflicts in title reservation and the solutions. The special construction of title reservation is the cause of rights conflicts: the seller is the owner, while the possessor is the buyer. There are two kinds of conflicts. One is the conflict between the seller and the buyer, the other is caused by the fact that the former two parts and the third part may all have rights on the same goods. This chapter is composed with three parts. Firstly, it's about the distribution of rights between the seller and the buyer: the seller can exploit the retake right under some terms; meantime, the expecting rights belongs to the buyer, and the buyer's expecting right is neither forming right nor real right norobligatory right. It's an expecting right with some characteristics of real right. Secondly, the author analyzes the relationship between title reservation and other guarantees and hopes that we should deal with the conflicts among them with bona fide doctrine and register theory. Thirdly, the register theory of title reservation is discussed. After comparison, the author thinks the confrontationist way of register is the best solution to the above conflicts.Chapter m, the way of perfecting the legislation on title reservation in our country. In this chapter, the author analyzes the fact of the legislation on title reservation in our country on the base of practice and theory. The author proposes that we should adopt the advance experience abroad, specifying the parties' rights and obligations in contract of installment sales and establishing the institution of register and doctrine of bona fide and so on, in order to promote the health of our legal system and development of economy.