【作者】 许琳；

【导师】 彭诚信；

【作者基本信息】 吉林大学 ， 法律， 2006， 硕士

【摘要】 按照物权公示原则,依法律行为而取得物权,不动产物权经合意与登记,不动产物权合意与登记之间的时间上的间隔经常会很长,这种中间阶段对于不动产移转受让人在所有权移转登记前具有独立的意义,称其为期待权。依照法律规定,登记机关办理产权登记,为依申请的行政行为,没有当事人的申请,就无法启动登记程序。因此,在引起产权变动的法律行为成立或法律事实发生后,权利人必须在法定期限内向登记机关主张权利、办理登记,这样才能保护自己的权利,避免风险。保留所有权的买卖中,由于买受人在付清全部价款前,仅享有取得标的物所有权的期待权,而实际上并不享有标的物的所有权。因此,如何对这种期待权进行保护,对买受人的利益至关重要。本文将对买受人期待权的各种风险承担进行阐述。更多还原

【Abstract】 Retention of title refers to the sales contracts, according to the agreement between the parties, in possession of the seller to transfer the property buyer, and retain the object of ownership, or until the completion of the buyer to pay the price of specific conditions, the object of a transfer of ownership took place before the system. Retention of title as a seller of its gold price of a claim by way of security, is widely used in subject-matter of delivery, the price of gold sales contracts delayed payment.This article is divided into four chapters : chapter through various theories and models to explain to our legislative power nature.First denied the right to expect that, looking forward to the formation of that right, the right to property is said, that is not entirely theoretical ownership, the right to expect that the special rights, the right to expect real expansion of the claims or claims that the effectiveness of a brief description. Look forward to analysing the pros and cons of modern theory. Expressing his own views, I agree with "special rights" that the right to expect as Wangzejian Professor analysis, and the creditor has security features and characteristics. This view will be looking forward to the right to avoid the original right down into the types of changes the prototype system design, a departure from the parties intended methodology errors, on the other hand, based on the "uniqueness" and the independence of the system and to retain ownership rights in the framework of a legal right to reasonable flexibility in the allocation of space opens up possibilities, This formed the legal system more flexible, to adapt to the needs of the community for providing the necessary system adjustments extendable space. This opinion demonstrates the methodology advantage.My final analysis of the security model is the right to legal status. Judging from China’s current legislation and judicial practice, our practice is not registered should not be implemented, the elements of the security changes in the model, but a delivery elements, plus registration confrontation, Real change models.更多还原