跨国破产中所有权保留问题与研究.pdfVIP

保护。 第四部分“跨国破产中所有权的保留条款的效力”。主要结合两个著名的相关案例 阐释两种不同的观点，即承认说以及否认说，以及在出卖人破产和买受人破产时的各自 效力问题，并就所有权保留条款在跨国破产中可能产生的冲突与困难加以论述，提出相 应地解决建议。 最后的结语部分是对本文的总结。 关键词：所有权保留； 跨国破产； 取回权； 期待权 关键词：所有权保留； 跨国破产； 取回权； 期待权 关关键键词词：：所所有有权权保保留留；； 跨跨国国破破产产；； 取取回回权权；； 期期待待权权 2 Abstract The retention of title terms, this is the purpose of the design in the international sale of goods to prevent the buyer is not in accordance with the contract of the agreement the payment obligations and damage the interests of the seller, when the buyer pays a part of or not all payment, the seller can be based on the retention of title in the contract terms to the buyer claim return the cargo. But, in multinational bankruptcy, especially in the bankruptcy procedure in the buyer to the seller may, will become a general creditor of bankruptcy, at this time, the retention of title terms that will challenge. Due to betray a person to be able to avail himself of the provisions will the retention of title of goods from bankruptcy to retrieve, might damage the interests of other creditors. If the international sale of goods for the retention of title in a term in the buyer and seller of bankruptcy has the goods and not all the payment of the case, whether admit the retention of title terms in bankruptcy, the effect will be multinational of the seller and other creditors have very important sense. Due to the retention of title to the object and the terms of the validity of the attitude is different, some countries will only allowed under the sales contract subject matter, and can keep ownership otherswill retain ownership of theobject to the buyer the subject matterfor extension that the income generated from any contract and claim. At the same time, some national legislation to set the retention of title is no need to register will be effective, but some countries are rules mustbe regis