On The Rules Of Registration And Confrontation Of Ships, Aircraft And Motor Vehicles

According to our property law’s23rd regulation, delivery is the element of realright of movables’ change, and it has the force of public. However, some specialproperty, such as ships, aircrafts and motor vehicles, according to the property law ofour country, their change of real right need special rules.This is on our property law’sprovisions of article24:" the establishment, modification, transfer and elimination ofproperty rights of ships, aircrafts and motor vehicles, shall not be a defense against athird person in good faith if they have not been registered", Which is the system ofagainsting registration on special movable property.This creates a problem: at thispoint, whether delivery is still the requirement? What is the nature and effectivenessof the registration in this? In addition, the scope of article24"the third person ingood faith" and how to determine? For the property law of the special provisions wereanalyzed, and the meanings can make us deeply understand the method of a specialkind of change of real right of movables, and has important guiding significance inpractice. This article is divided into the following four parts mainly from the analysisof the property law’s article24:Chapter One, Overview of the System of Againsting Registration.This chapter isdivided into two parts: the first, this paper introduces the origin and nature of theregistration againsting system; Second, the history of the establishment of registrationagainsting system.Chapter Two, from the perspective of comparative law, introducing the systemagainst the registration of other countries. Mainly focus on France and Japan.Chapter Three, the System of Registration Against’s Interpretation of Our Country.This chapter mainly divides into four parts: first, the problem of registration countersystem in our country. Includes two aspects: the internal contradictions with the realrights’ change mode and the civil law system; The nature of the delivery, theeffectiveness of registration are not clear. Second, the reason of our property law’sarticle24. Third, the explanation for our property law’s article24. Includes two aspects: from Japan’s reliance protection theory as theoretical support; Taking deliveryas a special requirements of chattel property changes. Fourth, how to make ourcountry’s registration system better.Chapter Four, to confirm the range of a third person in good faith. Includes twoparts: the first, the third person’s scoping. Second, the scope of the the third person ingood faith.