Research On The Legal Effect Of Condtional Sales

The legal status of the buyer and the seller in the retention of ownership are respectively anchored by the right of expectation and the right of retrieval.The construction of a complete interpretive system of ownership retention also needs to focus on the effectiveness of these two rights.Therefore,before the critics,there are disputes about the nature of the buyer’s right of expectation that have lasted for more than a hundred years,and there are also the recent introduction of the functionalist guarantee concept in the "Civil Code" to explain the seller’s right to withdraw.On the challenge presented.The introduction of this article explains the historical background of the ownership retention,and extracts the core issues of the ownership retention interpretation theory.At the same time,it inspected the research status of related issues,pointed out the research gaps to be filled,and explained the reasons for the structure of this article.The first chapter is about the dual structure of debt and property with retention of ownership.The analysis in this chapter points out that the structure of ownership retention is actually a combination of an unconditional sales contract and a conditional delivery.On the basis of this understanding,the rules of implied waiver of the consensual right to withdraw the rights of the betrayed in the ownership reservation,the rules for the transfer of payment risks,and the rules of effectiveness when the agreement of property rights and the agreement of creditor rights are inconsistent have been formulated.And in response to the so-called "compliance" of the effectiveness of the disposition behavior in the retention of ownership and the effectiveness of the burden behavior,pointing out that such "compliance" is an empirical connection formed by the referral of conditional effectiveness,and does not constitute an abstract principle in a normative sense.Exception.The second chapter is about the buyer’s right of expectation.This chapter firstly analyzes the important viewpoints in academic history,and locates the essence of the right of expectation as real right.Then criticized the civil law academic tradition’s improper reliance on the "use value" and "exchange value" of the property in the classification of the type of property rights,and learned from Hohfeld’s terminology system,pointing out that the buyer’s expectation right cannot dominate the subject matter."Use value" and "exchange value",but they can exclude other people’s interference in the legal status of the subject matter during the period when the conditions are pending,so that the buyer can smoothly obtain the ownership of the flawless subject matter when the conditions are fulfilled,so they are also one of the same.Kind of restricted property rights.Based on this conclusion,this chapter further reforms the transfer of rights,bona fide acquisition and rights protection rules formed under the traditional view that the expectation right is the "condensation of ownership",forming an interpretation system that is consistent with the nature of the restricted real right of expectation..Chapter Three is the theory of the seller’s right to take back.This chapter points out that the introduction of the functionalist guarantee concept in the Civil Code has not been as thorough as it seems.At least in the field of ownership retention,the formalist guarantee concept still has room to exert its influence.Therefore,a scheme for the exercise of the seller’s right of repossession that integrates the formalism and functionalist guarantee concepts becomes possible: the seller can choose to terminate the contract and retrieve the subject matter based on the ownership of the ownership;or choose not to terminate the contract.Give full play to the function of retaining property rights as security,and be compensated for the price change of the subject matter.Regarding the registration of retention of ownership,this chapter advocates "human codification",that is,to compile(electronic)registration pages with the name of the security right holder as the main line,and allow general and general descriptions of the characteristics of ordinary movable property collateral.The conclusion part refines the main points of each chapter,and presents the core content of the interpretation theory of ownership retention supported by several original ideas in this article: the legal behavior structure of the dichotomy of debt and property,the nature of the fixed property rights of the buyer’s expectation,integrated formalism and functionalism The effective model of the seller’s right of repossession.