A Study On The Retention Of Ownership Of Sale And Purchase Contract

With the development of credit economy,the increase in trade,especially in the sale and purchase contract,the ownership retention system benefits the interests of buyers and sellers,with its convenient way of trading gradually favored by the seller and the buyer,in the modern society has played a great vitality and Value:the buyer on the one hand can pay the price before the possession and use of the subject matter,the promotion of the maximum value of the use;on the other hand the seller to pay the price of the date of ownership transfer to the conditions of the secured creditor's rights can be achieved The The prosperity of the system of ownership retention breaks the traditional barriers of claims and property rights.At the same time,because the buyer side only enjoys the right to buy and sell contracts and is in a relatively weak position in the system of ownership retention,Germany creates "buyer expectation" To protect the buyer to pay the price of interest,balance the status of both sides.The Interpretation of the Supreme People 's Court on the Application of Legal Issues in the Trial of Disputes over the Sale and Purchase Contracts in 2012 has further improved its application in the course of practice on the basis of the definitive system of ownership retention in the Contract Law of the People's Republic of China.However,there is no clear indication of whether the ownership retention system needs to be registered and the validity of the registration.On the other hand,the judicial interpretation of the buyer's right of expectation has not been clarified,and the nature of the buyer's expectation,how to carry out protection Can be elaborated.This paper is divided into six parts,taking the ownership retention system in the sale and purchase contract as the research object,and comparing the historical development,evolution and institutional framework of the retention system of ownership in Germany,the United States and the United States,combined with China's existing real right change model and The current situation of the existing system design,and from the theoretical and practical point of view to explore and explore the model of ownership changes in line with the current expectations of the nature of the buyer is not clear,the protection of imperfect situation,put forward the way of thinking and exploration,With a view to further improving the retention of ownership system.The First Part is an overview of the system of ownership retention.This part makes a brief summary of the origin and development of the country from the concept of ownership retention system and introduces the current legislation of the system in our country and summarizes the characteristics of the system in different countries and regions in order to reveal the essence of the system of ownership retention With features.The Second Part is the characteristic of the system of ownership retention.This part analyzes the nature of the system of ownership retention,clarifies the nature of the ownership retention system in China through the theory of ownership path and the security interest path,and provides the theoretical basis for solving the registration problem of the subsequent ownership retention and the buyer's expectation.The Third Part is the existence of the system of ownership retention in our country.This part is the concentration and summary of the problems in the process of practice.The retention of ownership in its unique way flourishing in modern society,but also because of its possession and ownership of the separation of the characteristics of the appearance of uncertainty,in addition to the parties outside the third person can not know the true state of ownership,and because the delivery and ownership is not the same time,Leading to the buyer's expectation in the uncertain state,the characteristics of these problems themselves need to be resolved.The Fourth Part is the legislative experience and thinking of other countries and regions.This part analyzes the status quo and legislative reasons of Germany,Switzerland,China Taiwan and so on,and explores the institutional framework applicable to our country.It is the main reason of the system of ownership retention and registration.The fifth part is the proposal and the perfection of the system of retention of ownership of the contract of sale.Based on the previous part of the legislative experience,this part explores the ways to solve the problem of the retention of ownership system in our country,and puts forward a new theoretical discussion on the buyer's expectation.The Sixth Part,the conclusion.This part summarizes the views and arguments of the paper center,reaffirming the necessity of the development of the ownership retention system and prosperity.