Study On The Extension Of Security Interest In Title Retention

With the continuous development of the title retention system,it has been adopted by various countries.After the promulgation of the Civil Code of the People’s Republic of China,this institutional agreement are established as an untypical guarantee system.However,since the development of economic and social transformation,simple retention of title can no longer meet the needs of market transactions.In practice,it is very common that the buyer resells the subject matter or the seller requests to retrieve the fruits,which requires the security interest to be extended to the finished products or the resale price.The extension of the title retention stipulated in the contract makes the transaction of collateral more convenient,and balances the interests of buyers and sellers to promote market security and improve transaction efficiency.It is an inevitable topic in legal profession to construct a rectified legal system and promote specific implementation for title retention based on social reality.Some foreign laws recognize the extension of security interests of title retention,which can effectively deal with the conflict between the transaction parties in practice.It provides references and theoretical basis for our judicial practice in this area,and encourages the in-depth development of title retention system.This article discusses the extension of security interest of title retention based on the current regulations and the researches of scholars from abroad and home.The first part discusses the nature and types of title retention.On one thing,it summarizes the connotation and legal character of the system in our country by analyzing the legislation,judicial interpretation and theories;on another,it clarify the role of the two important rights in title retention and the way to exercise it,and provides a theoretical basis for further analyzing.The second part provides an in-depth analysis of the areas to which the security interests can extend.Although laws and judicial interpretations have perfected the system,there are still issues concerning whether creditor’s rights,fruits,and processed goods,addendum,mixture can contain security interests.This section hopes to clarify the field of the extension of the security rights on title retention through summarizing and analyzing the results of the scholars’ researches and judicial practice at home and abroad.On the basis of the above,The third part clarifies the publicity system of title retention and the priority rules in case of conflict of rights.In the absence of publicity,the extension of the security interests is likely to affect the interests of the third party,especially when the security rights become concurrent,which may cause potential risks in market transactions.Therefore,it is imperative to accurately define the scope and the way of publicity,and the priority rules in the event of conflict of rights.To address these issues,this paper put forward some concrete suggestions to improve the title retention system in China through the analysis of theoretical researches and judicial cases.