Study On The Title Retention Extension

With the continuous development of social economy,the way of no pay no goods are more applicable to natural human,and enterprises trend to choose credit transactions as the way of trading.Meanwhile the guarantee system in China is constantly improved with the process of the rule of law.The guaranty law and the property law have made detailed provisions on the guarantee form and system process of our country,which has played an important role for the benign development of the transaction order among enterprises.Real estate mortgage,chattel mortgage and pledge,pledge of rights and guarantee as our legal guarantee means have been widely favored by enterprises.Due to its convenient features,more and more enterprises gradually choose to use the method of title retention.However,the system is still not complete,and there is no consensus in judicial practice.In the judicial interpretation of the contract of sale and purchase,four judicial interpretations are provided for the title retention system,but we should also acknowledge the four new judicial interpretations can still not fully solve the problems that exist in the title retention system,especially in the title retention extension,and judicial interpretation still take evasive attitude for the area.Title retention extending always involves a third party,so the supreme court choose to avoid this problem,but this is not the right way to solve the problem.Studying title retention extension system,and setting up the legal provisions that conform to China’s legal system is the best way to solve the problem.In first chapter,the origin and concept of title retention are discussed.On the base of study of the the definition of title retention of different scholars,the connotation of title retention in China is sum up.These provide the theory basis for title retention extension.In second chapter,the two most important rights of title retention system are analyzed.For the title retention seller,recall right is the most important right,only the effective implementation of the recall system,choosing title retention as the guarantee method makes sense,otherwise its guarantee functions are in vain.For the buyer,expectant right is the most important.If the buyer cannot expect to take ownership of the goods when the condition is qualified,the buyer will not choose this way to trade.Therefore,clearing the inner nature of the two kinds of rights is helpful to balance the rights of the buyer and the seller.The third part is the concrete analysis of the title retention.According to the legal practice of foreign title retention,the title retention is divided into extended title retention and expanded title retention.The enterprise can choose different title retention according to different business,and the corresponding title retention clause can be agreed in the contract.However,not all countries recognize the title retention,including China,which is also cautious about the issue.The last part focus on the conflict of every party of title retention expansion and try to tease out the crux of the conflict of rights,and proposes ways to solve the right conflicts of law.