Abstract

The retention of title agreement is one of the oldest methods of guarantee for the assurance of the total payment of the price by the debtor. It is a booming figure with a remarkable presence due to the generalization of sales with postponed price and, despite this, the legal references are scarce. One of the major drawbacks that has arisen over this figure has been to specify the powers of disposition on the object of retention of title when the total price has not been fulfilled and, consequently, it is not peaceful in doctrine to delimit its effectiveness against third parties. It is therefore essential to carry out an analysis of the different situations in where an asset over which retention of title was agreed and determine whether or not such a figure affects the third party acquirer

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