Study On Some Problems Of Retention Of Title In The Contrast Of Sale And Purchase

The system of retention of title has been widely used in the economic activity, and with its unique function of security, in terms of the litigant’s interests, to expand production,it plays a special role. Retention of title was built in the "contract law", until 2012, the new law has made further provisions enough to display the legislative focus on the retention of title, but there are still many imperfect places.Besides introduction and acknowledgement,this paper is divided into four chapters. Chapter 1 is about the retention of title system, and then introduce the theoretical basis of the system, and compared with some related systems. Chapter 2 is the analysis of the current situation of the system, that the system in our country although has achieved some progress but still imperfect, and then introduce some of the relevant laws and regulations of the country’s advanced legislation.Chapter 3 is the analysis of some problems in the system, first of all in respect of the system in the introduction with related theories, and then support the doctrine of autonomy; secondly for sellers of recall right in the system, the author thinks that legislation in the recall right exercise object, legal consequences and limitations were insufficient. Finally for the effectiveness of the system rule, author thinks that we should build other typical security, enforcement or bankruptcy of the party competition or fight the validity rules. So in the last fourth chapters will improve the three aspects of the problem put forward some suggestions.