A Study On The Transference Of Motor Vehicle

As for how the real right of the motor vehicle should be shown, that is to say what is the way of the transference of motor vehicle, there are a lot of controversies in theory and practice, and many scholars have also done related discussion. Through the article 23 of the "Property Law" which was formulated in 2007, the transference of movable property takes effect when it is delivered, while the 24 article stipulates that there is no publication, there is on defense,when the motor vehicle is transferred. In the author's opinion, the motor vehicle is movable property in nature, and it is transferred once it is delivered, while the current registration of the motor vehicle is purely administrative, and has no relation with transference of property, only in motor vehicle mortgage situation, given the special nature of mortgage, taking the defensible mode of publication. The paper analyses the relevant legal provisions, then analyses the Pros and Cons of different transferences of motor vehicle by comparison, in order to get the conclusion. At the same time, the paper adopts system interpretation and teleologische Reduktion (the limit of purpose) to explain the article 23 and article 24 of "Property Law",in order to get a more reasonable conclusion.This paper first describes and analyses the different interpretations of Article 24 of "Property Law",including the imbalance of interests between the parties, the coordination with the existing laws, regulations and other issues, pointing out the shortcomings so as to underlay the following comparative study. Secondly, through a study of the origin of registration in traditional civil law, the paper researches the function and nature of registration system, and then studies the value of the registration of motor vehicle and the difference between the current registration and the property registration of motor vehicle. In the premise that the vehicle registration does not have validity of the real right, the paper researches the mode of transference of motor vehicle and analyses the way of motor vehicle mortgage, including the main academic views, the defects of the defensible mode of registration, the shortcomings of the creation mode of registration in comparison with the creation mode of delivery, the rationality of the creation mode of delivery and the problems caused by motor vehicle mortgage, such as the scope of the third party of good ill, the transference of mortgage and so on. Finally, on the basis of research, we can get the conclusion that the motor vehicle is movable property in nature, so the delivery denoting the transference is sufficient, but when it is mortgaged, considering the specificity of chattel mortgage, the defensible mode of registration is necessary.