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所有权保留的内部权利结构应该体现出一种权利分配的均衡和便捷。基于买卖契约,出卖人和买受人就标的物各自享有相应的权利和义务,出卖人由于保有标的物的所有权,因此,在所附条件成就前享有所有权人地位,可在买受人不履行契约义务时径直取回标的物,即使标的物辗转于他人之手时也可行使物上追及权,并有权排除第三人对标的物的妨害;买受人因占有标的物而享有使用、收益权,并在特定情况下可将标的物进行移转、抵押、出质等处理,并随着价金的渐渐满足而享有一种期待人的地位。因此,针对所有权保留制度内部权力结构的构建问题,最重要和最值得讨论的就是买受人的期待权和出卖人的取回权。
The internal structure of rights reserved for ownership should reflect a balanced and convenient distribution of rights. Based on the contract of sale and purchase, the seller and the buyer respectively enjoy the corresponding rights and obligations in respect of the subject matter. Since the seller owns the ownership of the subject matter, the seller may enjoy the status of the owner before the conditions are fulfilled, and the buyer may default on the contract Obligation to retrieve the subject matter straightly, even if the subject matter was removed to the hands of others can also exercise the right to chase, and the right to rule out the third party on the subject matter of obstruction; the buyer because of possession of the subject and enjoy the use of income In certain circumstances, the subject matter may be transferred, mortgaged, pledged, etc., and enjoy the status as an expectant person as the price and gold gradually meet. Therefore, in view of the construction of the internal power structure of the ownership reservation system, the most important and most worth discussing is the buyer’s expectation and the seller’s right of taking back.