On The Application Of Bona Fide Acquisition In The Transfer Of Motor Vehicles

Article106of Property Law stipulates Bona Fide Acquisition, whichcan be applied to movable property and real estate, but not to motor vehicles.However, for cases in which motor vehicles are sold by people who are notthe owners, courts tend to use Bona Fide Acquisition to resolve the problems.So, the conflict arises.The article is divided into four chapters. The first chapter is about theapplication of Bona Fide Acquisition and existing problems in China.Through introduction of cases in which motor vehicles are sold by peoplewho are not the owners, we can easily conclude that most courts apply BonaFide Acquisition to determine who the owner is. The second chapter tries toprove that Bona Fide Acquisition can’t be applied for motor vehicles. Theauthor points out that registration of motor vehicles can’t be relied uponbecause of the legal force of property registration. However, the theoreticalbasis of Bona Fide Acquisition is just credibility, so motor vehicles can notbe applied to the system in theory. In order to solve the conflict between theory and practice, we should admit the credibility of registration. That is tosay, to confess the effective transfer upon the delivery to make them beapplied to Bona Fide Acquisition. The third chapter is the valid factors ofBona Fide Acquisition. The valid factors of motor vehicles are different fromother movables’. This is mainly embodied in whether the third person iskindness or not. The fourth chapter is the legal effect and practice values ofBona Fide Acquisition in the transfer of motor vehicles. It mainly refers tolegal relationships between the original owner, the person who sold motorvehicles without permission and the person who bought them.