Discussion For Motor Vehicle Registration And Real Right Change

With the rapid development of motor vehicle market, the problems in trade aremore and more complicated, so perfecting the real right law of motor vehicle realright alteration is a pressing problem. Motor vehicle real right alteration and motorvehicle registration is closely linked. Researches on the relationship between the twoof registration and real right alteration, not only can solve the theories dispute toprovide the reference, but also have the significance of judicial practice in clearingmotor vehicle registration validity and motor vehicle ownership rights. Based on ourlegislation, this paper uses comparative analysis and methods of theory with practice,puts forward my own proposals on the motor vehicle registration and property rightchange.Removing introduction and concluding remarks, this paper consists of four parts.The first part is an overview of alteration in motor vehicle real right. This sectionis introduced briefly the connotation of motor vehicle real right alteration，including the concept of motor vehicle, vehicle type, the contempt of real right change.And the current national laws, mainly is Real Right Law of the People’s Republic ofChina. Electing the close relation of motor vehicle registration and the right to motorvehicleThe second part is about legal definition of motor vehicle registration. Thecontent, nature and function of motor vehicle registration were described in detail.There are motor vehicle registration, transfer registration, mortgage registration,cancellation of registration, collateral registration. Motor vehicle registration with thedual nature of administrative law and civil law, in the life is not only beneficial totraffic management, also has the function of maintenance transaction security. Thispart points out that relationship between registration and real right change is how totreat effect of the motor vehicle registration, to pave the way for the followingdiscussion.The third part is the focus of this paper, with in-depth analysis of the effect of themotor vehicle registration. Firstly, it is an analysis of Registration Effectiveness andpoint out that this pattern is not suitable for our country.Secondly, it is an analysis ofTrade Agreement and Registration Antagonism and points out that the model has certain advantages, but may not apply to all real right change occasion. Lastly,through analysis and evaluation controversial theory concluded suitable theory thatmotor vehicle real right change in China uses a mixed mode include Trade Agreement-Registration Antagonism and Delivery-Registration Antagonism. The former isapplied to set up mortgage; the later is applied to ownership.etc. Unregistered motorvehicle real right alteration and the third party acting in good faith limits are discussedin this part attributable to the basic theory.The forth part is about other problems of motor vehicle registration. One isapplication of law about unregistered vehicle ownership change, the other one istraffic accident liability for damages，requesting strict distinction between owners andthe actual infringer’s liability. At last, put forward the Suggestions of the legislation.