Research On The Legal Issues Of Retention Of Ownership In China

The development of reservation of ownership in China can be roughly divided into two phases,the contract law era and the civil code era.In the period of contract law,there were fewer contents about reservation of ownership,and in the period of civil code,there were a lot of additions to the reservation of ownership based on the period of contract law.While functionalism focuses on the security of contractual transactions,formalism focuses on party autonomy and the protection of private property.The part of the Civil Code on security of movable property adopts a combination of functionalism and formalism in its legislative approach,and the interpretation of the rules should be adjusted accordingly after this technical normative design functionalizes the reservation of title for sale and purchase into a security right.The first thing that needs to be explained is how the retention of title retained by the seller is characterized,and this article provides a scientific explanation of the characterization and systemic effects of retention of title from an interpretive perspective.In addition,the core art of the legal system of reservation of ownership lies in balancing the interests of the reserved buyer and the reserved seller,meanwhile,in judicial practice,cases of third party intervention in the reservation of ownership system occur from time to time,and the right of retrieval,the right of expectation and the third party’s good faith acquisition are often in conflict with each other.In practice,the conflict of rights has been solved by limiting the seller’s right of retraction to protect the right of expectation and by protecting the rights of third parties through the bona fide acquisition system,but these approaches are problematic.Finally,this paper locks its attention on the registration adversarialism of ownership retention,points out the shortcomings of China’s registration system,and proposes solutions suitable for China by drawing on overseas experience in order to promote the development of China’s ownership retention system.The main contents of this paper are as follows.The first chapter elaborates the background,value and significance of the research,and summarizes the research results related to the issue of legal reservation of ownership in academia,which will be used as the basis of this paper.Chapter 2 introduces the basic theory of retention of ownership.It includes the concept of reservation of ownership,the legislative choice of reservation of ownership in China and the manifestation of conflicting rights of reservation of ownership.Chapter 3,based on Chapter 2,points out that although China’s civil code has been revised to a certain extent,there are still some problems,such as unclear theories about the attributes of ownership retained by the reserved seller,the imbalance of the balance mechanism of ownership reservation rights,i.e.,unreasonable restrictions on the right of retrieval of the reserved seller and excessive reliance on good faith acquisition to protect the ownership rights of third parties in judicial practice,and finally,the antagonism of registration in ownership reservation Lastly,there are still deficiencies in registration adversarialism and specific rules in title retention.Based on the third chapter,the fourth chapter puts forward some concrete and feasible suggestions for improvement in view of the current legal problems of title reservation transactions in China,taking into account the relevant experiences in foreign countries.