On The Change Of China’s Ownership Of Motor Vehicle

Article 24 of Real Right Law of the People’s Republic of China made the unified stipulation regarding ownership changes in vehicles, vessels, aircraft and other properties, in which the academic circle and judicial practice circle have different understandings and many controversies. At present, although Article 10 of Interpretation on Applicable Laws of Purchase and Sale Contract Dispute Cases Review attempts to further define it, yet the issue has not been completely resolved. Based on the present studies, this paper specifically explores vehicle ownership changes, and clarifies the legislative origin and original meaning of mode of vehicle ownership changes, in order to resolve the theoretical problems and disputes based on revealing the essence of mode of vehicle ownership changes, put forward the legislation on improving the mode of vehicle ownership changes, and provide theoretical guidance in line with the vehicle transaction practice.In addition to introduction and conclusion, this paper consists of five chapters. The first chapter specifically analyzes the basic theories of vehicle ownership changes. The chapter defines concepts related to vehicle ownership changes, laying the foundation for the next stage of the research; analyzes the mode of vehicle ownership changes, and divides vehicle ownership changes into vehicle ownership changes based on legal act and vehicle ownership into vehicle ownership changes not based on legal act according to the reason for vehicle ownership changes; explains the theoretical basis of vehicle ownership changes, i.e. theory of ownership acts and theory of credit act, and seeks the obligatory value purchased by the regime of vehicle ownership changes. The second chapter compares and studies the legislative mode of vehicle ownership changes. From the perspective of comparative law, the chapter respectively studies the will mode and formalist mode, specifically analyzes the provisions of vehicle ownership changes, and thus provides theoretical materials and legislative experience to re-select the subsequent vehicle ownership change mode in China. The third chapter evaluates and introspects the existing vehicle ownership change mode in China. Based on the evaluating and analyzing the provisions of vehicle ownership change adopting the registration antagonism in Real Right Law of the People’s Republic of China, the chapter clarifies that the vehicles registration is irrelevant with vehicle ownership changes. For the not registered vehicle ownership changes, they only affect or do not form "vehicle registration right" of owner. Vehicle belongs to movable property essentially, and its ownership change should adopt the delivered and effective credit formalism legislative mode. The fourth and fifth chapters analyze the effect system after re-selecting the vehicle ownership change in China. The author discusses the fundamental issues and marginal issues related to vehicle ownership change in China through two chapters, hoping to provide theoretical basis for improving the vehicle ownership change system in China...