Research On Legal Problems Of Special Personal Estate Dual Sales

Special personal estate is something mobile with high economic value, highvalue maintenance and on the way of the real right change take special managementand protection. In China, it only refers to ships, aircraft, vehicles and other transport.Special personal estate is essential for personal estate, but the general ways ofprotection is not enough to achieve the goal. Therefore, many countries in differentreal right alteration mode of special personal estate, made the corresponding specialprovisions about special personal property, which provides material for this paper.Firstly, this paper makes the academic definition and legal definition of specialpersonal estate dual sales, then it analyses the reasons of special personal estate dualsales of definition. The pursuit of interest is the leading case. In addition, thehysteresis, vagueness and defectiveness of laws give the chance of special personalestate dual sales.Based on the mode of real right alteration and combined with combined withseveral cases, the paper analyses special personal estate dual sales under the CreditAutonomy of the Will, the formalism of real right, the formalism of creditor’s rights,which establishes the rules of the validity of contracts and the ownership ofproperty.The Credit Autonomy of the Will means only whether to reach a debt accord, to identify claims and estate rights. Delivery or registration is against elements of realright change. The formalism of real right to produce real change, must also have theagreement of estate right and the delivery or registration. The formalism of creditor’srights claim of real right change occurs on the premise of effective claims.Registration is a prerequisite for the special personal estate changes.The last chapter, about special personal estate dual sales in China, is the focus ofthis paper. This part is based on Section10of “the interpretation of applicable laws onthe trial of the contract disputes from the Supreme People’s Court”. Firstly it reviewsthe related laws and regulations about the special personal estate dual sales in China,and then analysis the special personal estate dual sales in our country in differentcombinations of delivery and registration. Our special personal estate change pattern:"Effective creditor’s contract" and "delivery" can cause special personal estatealteration, but may not be a defense against the person in good faith;"Effectivecreditor’s rights contract" and "delivery and registration", not only can make the realright change of special personal estate, but also have the effect against other persons."Delivery" and "registration" in our country in special personal estate transactions,will lead to different legal effects. Finally, this paper discusses the significance of thepublication mode of Special personal estate dual sales in China and the dispute ofapplication in “the judicial interpretation of sales contracts”, and proposes some initialimprovable opinions.