论物权法背景下的所有权保留买卖制度

The Trade System of Ownership Reservation on Background of Property Law

所有权保留买卖制度是《合同法》的一种特色制度。但该制度在司法实务中并未得到充分适用,社会生活中也鲜有发生。随着《物权法》的生效,"物权法定原则"、"物权变动公示原则"、"区分原则"及相关具体规则不可避免地影响、冲击到原有立法体系中的各项财产权制度,而与物权"骨肉相连"的买卖合同,包括所有权保留制度亦莫能外。

Trade system of ownership reservation which is a feature system in the "Contract Law" Chapter IX,become a hot focus after the introduction of the "Contract Law".However,the writer noted that the system has not been fully applied in the judicial practice,and has little to happen in the social life.Along with the "Property Law" going into force,"the legal principle of property rights," "Property changes in the principle of publicity," " publicity summons principle of property rights changes" and specific rule...