Several unresolved issues on title retention

Abstract

The 2015 Civil Code of Vietnam regulates title retention under two perspectives: a law-provided right of the seller in purchases by deferred payment or payment in instalments; or a type of security for performance of obligations. Therefore, regulations on parties’ right in title retention and parties’ right in contracts remain overlapping and conflicting. This article presents the general understanding of titile retention and types of retention to determine issues related to title retention as a law-provided right and title retention as a form of security. Thereby, this article will clearly define the definition of title retention; its antagonistic effects, the objects used for security, the rights and obligations of parties in title retention.