Research On The Recall Right Protection Of The Retention Of Title

In this paper,the author studies the seller’s right of recall in the ownership reservation,as an atypical guarantee system,the system of ownership reservation is widely used in the process of buying and selling.However,China’s law on the retention of property rights trading system is relatively weak.This article through to the domestic and foreign related legislation and theory of ownership reservation carefully combing and analysis,discusses the exercise conditions,procedure and system of the public issue of recall right,and puts forward some suggestions to establish and perfect the relevant system.In order to improve the credibility of the parties to the transaction,establish a good faith society,and maintain the healthy,stable and sustainable development of China’s economy.First of all,the right to withdraw the exercise conditions.The "interpretation of the Supreme People’s Court on the application of law contract cases"(hereinafter referred to as the "contract" provisions of judicial interpretation),the seller of exerting the right not only to meet the buyer fails to pay the price according to the agreement,or did not complete the specific conditions according to the agreement,or sell or pledge the subject matter,or make other improper disposal,should also meet the harm in this condition,which makes it difficult for the seller to exercise the right of recall.The author thinks that we should abolish this condition,and at the same time,we should introduce the extension of the ownersh ip reservation system,simplify the conditions for the exercise of the right of recall,and guarantee the exercise of the right of the seller.Secondly,the exercise of the right of recall."Sales contract judicial interpretation" from thirty-fifth to thirty-seventh only provides a way to seek relief from the court.This paper argues that,in the exercise of the right to recall procedures,can learn the provisions of the United States and China’s Taiwan region,the seller can automatically retrieve the subject matter,may also request to the court to withdraw the subject matter,and has carried on the detailed argumentation.Finally,publicity system.The subject matter by vendee,but because of the lack of system of public law,third people can not know the subject matter of the ownership,often leads to conflict of interests between the parties,it also makes the seller in the exercise of the recall right,not against any third people,to exercise their rights limit.This paper argues that China’s legislation should establish a public notice system,the value of the system of registration and publicity,legal effect and other related issues are discussed in detail.The text suggests that our country should adopt the legislative mode of distinguishing the public opinion,and unify the notary organization as the registration organ,so as to safeguard the legitimate rights and interests of the parties...