On The System Of The Redemption Right

All the civil codes have the provisions on the redemption contract,and there are also provisions in the Taiwan region of our country.Although there are no explicit provisions in the mainland of China,there are some cases related to the redemption right in the judicial practice.There are different views on the legal nature of the seller's right and the nature of the buyer's right.This article takes the nature of seller and buyer's right as the object of study.Through the comparative analysis of the redemption contract and the similar systems,it is proved that the redemption contract belongs to the atypical guarantee.In addition to the introduction and conclusion,the paper consists of four parts:The first part is an overview of the redemption right contract,which introduces the domestic and foreign legislation of the redemption right contract and the relevant judicial practice in China.The second part is about the comparison of the redemption right contract and the similar systems,by comparing the similarities and differences between the redemption right contract and the pawn right,repurchase reservation,ownership retention,debt repayment,transferring security and after-transferring security and so on,distinguish the differences between the redemption right contract and the systems. The third part is about the nature of the redemption rights of the parties involved in the redemption contract,demonstrates the property rights of the seller's right and the guaranty nature of the buyer's rights. The fourth part is about the redemption contract is an atypical guarantee,demonstrating the relationship between the redemption contract and the legal principle of real right,and the effect of the redemption contract on the parties.