外文: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 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 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 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 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 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 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. 中文:这表明,在保留所有权的交易,虽然买方尚未取得标的物的所有权,而是因为它已经实际占有或控制的事项,以及标的物的占有,使用和收入。如果卖家的风险的责任义务,这将导致“受益人不承担风险,承担风险并没有从中受益”的权利,义务不平衡的现象,违背了民法和公平的原则。此外,在理论和风险有着密切的联系,并没有所有权或债权人或债务人的地位,但标的物的占有。基于这样的考虑,美国的“统一商法典”还规定,出售,以保留所有权的交付时间,以此为基础确定的时间标准的风险转移。因此,在标的物交付时,买方不得物体的损害或损失,以避免剩余的贷款支付正常情况下,标的物的损失的风险可能是由于自然原因,或者是可能是人为的原因,我们在这里讨论只限于第三人对标的物的人为损失后的赔偿金分配的情况。由于买方继续价格卖方支付剩余的义务,并承担损失风险的标的物,因此应允许请求侵权损害赔偿。在获得补偿的价格向卖方支付主要涉及两种情况:第一,在标的物的所有损失,例如,一个价值万元西安建筑公司有权租购交易中,如果B已支付一万五点零零万元,不支付剩余的三百五十点〇万元。和C故意烧毁了整个房子,和价值的建设是只有400亿美元,而C到B应支付万元作为的主题事项乙应承担由此造成的损害,损失的风险,因此,它应盈余350万美元,其余的5000万美元的权利,期望他们的损失。如果由于市场价值的波动建设只有三百点〇 〇 〇万元,而在这个时候, B的除了三百点〇 〇 〇万元会运去,它也应支付50万元。第二个案例是标的物的损失,或在上面的例子中,在C故意放火焚烧建筑物,但由于及时抢救,只有部分造成的损失总损失2亿将在这一点上提供的CB二百点○万元补偿,可能会继续付出代价,以获取剩余所有权的建设。总之,我认为,保留所有权从买方和卖方在买卖的风险负担的角度研究问题的第三人对损害赔偿,他们可以平衡各方的利益,买家和卖家,但也很清楚双方的关系,毕竟是一个良好的政策。 四,结语 保留所有权的期望,买方有权在德国民法,讨论的问题在1900年大部分来自德国,中国和法国实施以来有权期望两句数百学者的理论是更大量的。教授鲍尔了: “在民法,没有问题,如保留所有权的买受人的权利,这样的深度期待着研究人员。 ” 142这表明,在保留所有权的买受人的期望权利的民法理论,一个主要困难,只有在深入研究,然后思想所有权保留制度有更深入的了解,以便更好地发挥这个制度的效益,服务于我们的社会和经济生活。或者看看这里: