HOÀN THIỆN QUY ĐỊNH PHÁP LUẬT VIỆT NAM VỀ BIỆN PHÁP CẦM GIỮ TÀI SẢN VÀ BẢO LƯU QUYỀN SỞ HỮU

Abstract

For the first time, the Civil Code 2015 recognizes the pledge of property and the reservation of ownership as two of the nine security measures, which carry significant implications. These security measures are established and recognized with the aim of protecting the secured party's interests when the other parties fail to fulfill, improperly fulfill, or breach their contractual or civil transaction obligations. In examining these two new security measures under the Civil Code 2015, the author identifies several areas that require further discussion, particularly concerning the subjects and scope of regulation, the rights and obligations of the parties, and the handling of collateral. Based on this analysis, a number of recommendations are proposed to improve the regulations on pledging assets and reserving ownership. The analysis of these two measures also references legal provisions related to property retention and ownership reservation in various countries around the world