众文网1.找毕业论文的外文翻译,要有外文原文和译文,题目是“论所有权的保
This shows that in the retention of title transactions, although the buyer has not yet made the subject matter of the ownership, but because it has actual possession or control of the subject matter, and subject matter for the possession, use and income. If the seller to the risk of the burden of responsibility obligations, it will lead to "the beneficiaries do not take risks, to take risks do not benefit from" the rights, obligations imbalance phenomenon, contrary to civil law and the principle of fairness.In addition, in theory, and risk are closely linked, and neither the ownership nor the creditors or the debtor's position, but the subject matter of the possession. Based on such considerations, the United States the "Uniform Commercial Code" also provides for the sale in order to retain ownership of the delivery time as a basis for determining the time standards for risk transfer. Therefore, in the subject matter of delivery, the buyer shall not be objects of the damage or loss to avoid the remainder of the loan payment obligations.Under normal circumstances, the subject matter of the risk of loss may result from natural causes, or it may be man-made reasons, we are discussing here is only limited to a third person against the subject matter of man-made losses after the allocation of damages in the case. Because the buyer has to continue to price the seller to pay the remaining obligations, and to assume the risk of loss of the subject matter, so should be allowed to request to the infringement damages. After obtaining the compensation price to the seller to pay the balance.Here mainly relates to two situations: First, where the subject matter of all the loss, for example, a value of five million yuan Xi A B buildings have the right to hire-purchase transactions, if B had been paid 150 million yuan, non-payment of the remaining 3.5 million yuan. And C deliberately burned down the whole house, and the value of the building was only 400 million, while C to B should be paid four million yuan as compensation.Because the subject matter of B should bear the damage, the risk of loss, so it should be paid to a surplus of 350 million, for the remaining 50 million dollars as the right to expect of their losses. If because of market fluctuations in the value of the building was only three million yuan, while at this time, B in addition to three million yuan will be delivered to A, it should also pay 500,000 yuan. The second case is part of the subject matter of the loss, or in the above example, the C deliberately set fire to buildings, but because of the timely rescue, only some of the losses caused by buildings.Calculated the total loss of 200 million will be at this point in the delivery of C B 2 million yuan compensation, may continue to pay a price to obtain the remaining ownership of the building. To sum up, I believe that retention of title from the seller and buyer in the sale of the risk burden on the perspective of research on the subject of a third person against damages, they can balance the interests of buyers and sellers, but also clear the two sides the relationship is, after all, a good policy.四、结语Retention of title in the expectations of the buyer the right to civil law in Germany to discuss the most problems in 1900 from Germany, China and France since the implementation of the right to expect sentences of hundreds of scholars of the theory is the more voluminous. Professor Bauer has made: "In civil law, the did not have a problem, such as retention of title in the buyer's right to such a depth look forward to the researchers."142 This shows that on the retention of title in the buyer's expectations right to the civil law theory, a major difficulty, only the in-depth study before thinking of a title retention system to have a better understanding, in order to better play the effectiveness of the system, service in our social and economic life.。