Research On Expectant Right Of The Buyer In Title Retention

As a means of security of the ownership of the system,in the credit economy and market economy continue to develop in the context of daily transactions become increasingly important role.When the study of the retention-of-title system achieved many results,the debate about it further went to the deepwater area and discussed more intensively.Although the judicial interpretation of our country has made some meaningful guidance on how to operate it,the problems in the practice are still endless,especially the problem of the protection of the buyer's expectation.If only hope for the right of return and foreclosure,the problem is far from being satisfactorily resolved.And other countries and regions on the legislative reference must be based on China's existing rights system and national conditions in order to be targeted in future legislation to make provisions,so that it is operational,so that the buyer's expectations Give specific protection.At the same time,under the premise of constantly discussing the general theory,nature and effect of the system,we analyze and reflect on the issues related to the right of expectation in the sale of ownership in our country,and try to give suggestions in legislation and administration.On the nature of the expectation of the buyer,there are different opinions,this article in the various theories on the basis of summing up and summed up the right to the right to the property rights in the legal category.As for how to achieve the specific protection of the buyer's expectation,this article through the seller of the subject matter of the issue,when the company is bankrupt,the third person infringes the subject matter how to protect the buyer's expectations of the problem,Out of their own point of view.Finally,based on China's current legal provisions of the reflection,and put forward their own humble opinion.This article about 27,000 words,through four parts to discuss.Part I: An overview of the retention of ownership and the discovery of the buyer's expectation.This part is based on the origin of the ownership retention system,the theoretical basis of its birth and its value in the legal and social fields.And then to assess the ownership of the sale of the existence of the basic legal relationship exists,leading to the buyer's right to exist in the field and significance.Part II: Analysis of the Buyer 's Expectation in Ownership.This part clarifies the legal status of the expectation by the summary of the doctrines of the nature of the buyer's expectation.And its nature is defined as the nature of the property,so the analysis of the effectiveness.Part III: Protection of the buyer's expectation in the system of ownership retention.This part shows how the buyer's expectation plays an important role in the practice by examining how the seller's right to detain the subject matter,enforcement,corporate bankruptcy and how the third person infringes the subject matter The fourth part: Reflections on the system of expectation of buyer 's expectation in our country.