On The Settlement Mechanism Of Right Conflicts In Title Retention Extension

From the emergence of title retention till now, title retention has been developed into a mature legal system that general accepted by countries all over the world. Both civil law countries and common law countries have confirmed and adopted title retention through legislation and practice. In an economic globalized society, simple title retention has already failed to satisfy the requirement of development. Title retention has been requested to develop broadly and deeply. Thus extension clauses of title retention have been introduced.Title retention can be either extended horizontal to all credits and debts of buyers and sellers, or vertically to manufactures of the subject matter or earnings from resale. Based upon the extended title retention and the magnified right-division mechanism of title retention, the interests of seller, buyer and relevant third party shall be protected in balance for the promotion of safety transaction and efficiency. The extension of title retention shall provide remedies on the system level to resolve the right conflicts arising from the above three parties. Transaction practice is longing for the support of legislation, at present, they can only use plain provisions in <General Principles of the Civil Law of the People's Republic of China>, <Contract Law of the People's Republic of China > and <Real Right Law of the People's Republic of China> to face the complexity of business trades and judicial practice. Therefore, how to legislate proper provisions and provide suggestions on the construction and specific implementation of the legal system of extension of title retention pursuant to facts of our nation has become an unavoidable subject of the legal profession.This thesis is for the discussion of the extension of title retention based upon the analysis of legislation, cases and legal theories. Except for the introduction and the conclusion, the dissertation is separated into 3 parts. The introduction is the analysis of the meaning and value for discussing the problem of the extension of title retention. The conclusion is the construction of the system of extension of title retention in China.The first part is for the discussion of the type and legislation examples of the extension of title retention. Based upon the analysis of system values and development of the extension of title retention, the writer elaborates the type and legislation examples of the extension of title retention in the two legal systems. The development of title retention and its extension in the two legal systems is the primary line and the main issue of discussion. And to extend legislation reference for the extension of title retention of China hereinafter based on the foreign legislation.The second part emphasizes on the research of basic rights and system guarantees of the buyer, seller and third party that involved in the extension of title retention. Through the deep research of the creditors'rights of seller, expectant rights of buyer and bona fide acquisition of the third party, the writer provides a theoretic basis for the root and resolution of the right conflicts of the three parties.The third part is the core of this thesis. This part emphasizes on the settlement of right conflicts in the system of title retention. To introduce the settlement mechanism of right conflicts from two aspects: legislation and justice. The legislation aspect brings forward legislation suggestions on the improvement of the right conflicts of the extension of title retention based upon analysis in the legislation influence on the title retention. The justice aspect discusses the judicial resolution of the extension of creditors'rights, rights of re-disposal, bona fide acquisition, guarantee set on the subject matter by a third party and violation risks on the subject matter borne by the third party, for the protection of the interests of seller, buyer and relevant third party in balance and promote safety tracts action and efficacy.