An Analysis Of The Effectiveness Of Special Movable Property Registration

China’s "property law" clearly defined, the delivery of movable elements of real right change, except as otherwise stipulated by law, the provisions applicable to ordinary property dispute. However, similar to the real aircraft, ships and other value and larger, scholars have called the special movable property or real estate, the real estate when the change, "property law" article twenty-fourth made the corresponding provisions, but the only clear provisions for the registration of property right change is against the elements, and there is no clear provisions of the real estate real right change is what the entry into force of the elements. Due to the limitation of the legal provisions, there has always been a debate on this issue, which is one of the tough problems in judicial practice has to be solved. In order to improve the efficiency of judicial practice, to solve the problem of special animal trial right, reduce different judgments in the case of judicial chaos in the case, the Supreme People’s Court issued a judicial interpretation of "contract" in the form of judicial interpretation, trying to clear the alteration of real right, special rules, in order to improve judicial efficiency, maintaining the unity the judicial trial. But get the opposite of what one wants, after the introduction of the interpretation, caused more intense debate, many scholars from the perspective of jurisprudence proposes the explanation of the alteration of real right, there is a special delivery is superior to register prior to contract prior to the rules. It c. It can be said that the judiciary interpretation is to establish a unified standard, does not fundamentally solve the problem. In this paper, through the analysis of different theories, that the special property of effective elements should still be the delivery, except as otherwise stipulated by law. If the parties take delivery, to complete the registration of alteration, the right of confrontation of comprehensive; if the parties only take delivery, no registration, real right change is just the right, not against The third person in good faith; if a party does not take delivery of the registration, the registration of real right change, not only in a reasonable period of time, the effectiveness of but after the resistance take delivery people advocate the alteration of.