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China's Motor Vehicle Property Rights Changes

Posted on:2009-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:H S CaoFull Text:PDF
GTID:2206360245476245Subject:Law
Abstract/Summary:PDF Full Text Request
It is widely disputed in theory and practice on the transfer time of ownership and prosperity right of vehicles. This thesis combines the Law of Property Right and the laws in effect and proposed that the vehicles' property should abide to the general rules of civil law. Then analyzed the property right of vehicle is transferred from the time of delivery and the wholly explanations of the article 24 of the Law of Property. The registering of the vehicles is not only an administrative measure of vehicles management department, for example that not registering is not only the obstacles of the vehicles' on the way operating, but also this administrative registering action will gender the property right defense. The double characteristic of the vehicles' registering with both main public law and attached private law. Only the registered vehicles property transfer can have effect of defending the third one. Unregistered vehicles don't have the effect of defending the third one.This thesis is composed of three parts. The first part summarizes the transfer of property right of vehicle. Starting from the dealing status of China's vehicles, this chapter compared the other countries' legal mode, analyzed the legal case of this mode with the necessary defense mode using the meaning way. The second part considers the registering theories and practices of vehicle, defined the double characteristic of the vehicles registering, as well as the function. Then it analyzed the historical reformation of the vehicles registering system of our country with the typical cases. The third part analyzes article 24 of the Law of Property Right, explained the content and the effect of registering defense, then combined with the vehicles property right's two different situation, deeply analyzed the different property right of whether it is initially registered.
Keywords/Search Tags:register of vehicles, transfer of property right, defense of register
PDF Full Text Request
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