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所有权保留的成立,要具备公示要件,未经登记的所有权保留约定,不产生对抗第三人的效力。所有权保留的法律目的在于担保,因此,权利人取回担保物,并不导致合同解除,应按照“就物求偿理论”来解决取回权的行使后果。所谓所有权保留,是指在买卖合同中,根据法律规定或双方当事人之间约定买受人先占有使用标的物,但在双方约定的特定条件成就
The establishment of the reservation of ownership shall be subject to publicity requirements, and the agreement on the reservation of ownership without registration shall not create any effect against a third party. The legal purpose of the reservation of ownership is to guarantee. Therefore, if the obligee retrieves the collateral, it will not result in the termination of the contract. The consequence of the right of retrieval should be resolved in accordance with the “theory of compensation of goods”. The so-called retention of title refers to the purchase and sale of the contract, according to the law or agreement between the parties to the buyer prior possession of the subject matter, but the conditions agreed upon by both parties to accomplish