System Of Retention Of Title

With the speedy development of economy, instalment sale has been widely used in our country. Retention of title, as a mode of guarantee, is adopted to secure the seller.This thesis includes four parts and every part explains relationships of right and obligation between the seller and buyer.The first part analyse the nature of retention of title. About this, there are several different viewpoints among scholars. On the base of evaluation of above viewpoints, I come to the conclusion that retention of title is in fact transfer of title appended respite condition. The follow is analysis of the legal doctrine that retention of title possesses the security function.The second part introduce the buyer's expectant right. The concept of the expectant right is so important that we have to pay attention to it at first. About the legal nature of the buyer's expectant right, there are also some different points of view. After appraisal on these viewpoints one by one, my assertion is that th expectant right is credit that has some effects of right in rem. As a proerty right, the buyer's expectant right can be transfered to a third person. When the appointed condition comes to reality, the transferee possesses the property ownership. To protect the buyer's expectant right, we must discuss the following two circmnstances: when the seller sell for the second time the object to a third person, or when a third person damages the object, what should we do? These two questions are clearly answered in the paper.The third part discusses the problem of the seller's right of retrieval. It is the creditor's right for debt. But the seller exercises his right must under some conditions, for example, when the buyer doesn't perform payment, or doesn't complete other appointed duty or makes a sale agreement with a third person. Oncethe seller exercises his right of retrieval, the original contract will become invallied or be realized? To this, different country law has different provision and scholars put forward their own views, too. I adopt the point of view that the exercise of the seller's right of retrieval brings about the following legal consequence: the sale agreement is realized by it. When the buyer transfers the ownership of the object to a third person without the seller's admission, the third person can obtain the object on condition that he doesn't know the real facts and the retention of title has been not registered. In other situations be can't own the object. If the object is attached to or blended with other bodies or processed, the seller can retrieve the new object to secure his credit.The fourth part aims at legal relationship between the seller and the buyer besides what have been discussed. The seller should bear the obligation of guaranteeing the object has no defect of form and right. The risk of the object belongs to the buyer because he is the occupier and beneficiary. When the buyer is bankrupt, the object is part of bankrupt property and the seller can only exercise his secured credit. On the contrary, if the seller becomes a bankrupt, the buyer can retrieve the object...