Ownership Retention System

Taking the interests of the positioning system as the core measure of ownership reservation system problems, deal with the problem under the ownership interests of buyers and sellers to retain the system, when the third person to be involved into the ownership rights of a third party to retain legal relationship with the buyer and seller protection and third deal of interest in the issue has been studied among three people. The full text is divided into three parts:In the first part of the positioning system to retain ownership of the system, the article that from the nature, title retention system is a condition attached to stop atypical security system, which is traded on the legal relationship between the two parties attach a stop condition, aimed at the smooth realization of the seller lost the case on the subject matter of the possession of the secured creditor of the seller. In this institutional framework, the seller has made a special convention on security rights reserved ownership of the subject matter, but the buyer is entitled to the subject matter of the possession, use, usufruct, so the proper balance between the interests of buyers and sellers, thus effectively taking into account the fairness, safety, efficiency and convenience requirements. Based on the nature of atypical guarantee, reference should be made in the construction of traditional institutional guarantee system. Specifically, when the sales contract entered into in writing shall be given to personal property based on the subject matter of the agreement were to retain ownership in the way of taking into account the purpose of publicity and features of title retention system, meaning doctrine should be used the way. Effectiveness title retention system should apply by analogy the effectiveness of traditional security system, and in price fully paid for the processing of the subject matter, the seller retains title to retain abandoned the subject matter under conditions effective transfer of ownership retained eliminated.In the second part of the ownership interests of buyers and sellers in the reserve system, the article that under the ownership interests of buyers and sellers to retain the system by regulating the legal relationship of two different levels, in the first level is the contract for the sale of legal relations, which regulates with both the basic relationship between credit and debt, in order to ensure the smooth realization of the seller claims, taking into account the interests of both sides, so that the transaction can be efficiently carried out, in the second level, in essence is a guarantee of legal relations retain legal ownership relations, giving both sides expect to virtual spaces ownership and the right to the core of the right system for their attacks as defensive weapons. Under the ownership of the subject matter retention system in a differentiated state ownership, the seller retains title to the subject matter of virtual spaces and the possession, use, expect earnings power as the right power transfer to the buyer. Therefore, under the title retention system should first ensure that the seller claims the emphasis on implementation, but restrict the buyer the right to look at the core of the system should also be subject to the rights, shall be compensated for misconduct when damage caused by the buyer.In the third part of the title retention system to protect the rights of a third person, the article considers the payment due to differences in transaction mode under retention of title material delivery and the price on the nature of time and space, in the interests of buyers and sellers driven, may use the subject the ownership and possession of the opportunity to separate from its improper disposal, which will retain ownership of the third person implicated in trading relationships. At this point, based on the purpose and characteristics of title retention system on public issues to retain ownership of the system, the article that doctrine should adhere to the principle of meaning; and in the treatment and protection of the interests of the tripartite balance of third party rights issue, the article that should be adhered to fully respect the autonomy of the parties to a possession as the core, giving buyers and sellers the obligation to disclose information to encourage trade, and promote the best use of the principle, in order to make all reasonable balance of interests to retain this atypical security system in the Under the premise, to play a greater practical value in economic practice.