Civil Code turns to the view of functionalism guarantee,so retention of ownership has turned from ownership structure to the structure of the guaranteeing right.The seller is security holder.The buyer is owner,who has the right to dispose the subject matter.If the third party is the buyer of normal operation,he can obtain the whole ownership no matter whether he is in good faith or not.If the third party is not the buyer of normal operation,he can get the ownership with the burden of retention of ownership.If the buyer establishes real right for security on the subject matter,all the rights for security should be sorted uniformly according to § 414-415 of Civil Code.If § 416 is satisfied,retention of ownership has priority effect of PMSI.If retention of owner isn't registered,it can't confront tenant with good faith,buyer with good faith,garnishment creditor and creditor of bankruptcy.When seller transfers his right of credit,the retained title is also transferred as an accessory right.The seller's recall right is a way to realize the real right of security instead of the rescission right of contract.
retention of titlefunctionalismstructure of the guaranteeing rightright of reclamationbuyer of normal operation
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