Reservation of title and buyer rights

Abstract

Nowadays, there are numerous purchases of movable property in installments in which the retention of title is used as a security. The study of the regulations which make references to this agreement the parties can introduce in the sale reveals an asymmetry: while the seller’s situation is expressly regulated in several laws recognizing him specific rights, nothing similar happens regarding the buyer. Based on this and in the absence of a finished construction on the nature of the retention of the title, this paper aims to study in an orderly manner and in light of the jurisprudence the status of that buyer and the measures he can use to protect its legal position, in particular in the cases in which there is a seizure of the acquired property or the bankruptcy of the seller