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Motor Vehicle Ownership Change Law Studies

Posted on:2014-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:J RenFull Text:PDF
GTID:2256330425471665Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the continuous development of social economy, the increasingly frequent used car trade, due to a lack of clarity of motor vehicle trading legal norms, the buying and selling vehicles disputes caused a lot of appeal.In daily life, motor vehicle registration is generally regarded as proof of vehicle ownership, outing registration is the sign of motor vehicle ownership changes, but this is based on administrative system of compulsory registration and misunderstandings of "property law" regulation.The property law in China will be motor vehicle ownership for personal property, but its mode is different from general chattel ownership changes, has a certain particularity. General public way for the movable property possession, and motor vehicle has a large economic value, using general publication of the movable way is not enough to effectively protect the movable property, therefore, most countries change patterns are the ownership of motor vehicles and other special chattel under certain conditions with the method of registration shall be added. The property law in China on October1,2007after implementation, the change of vehicle ownership principle made rules, but in the theory and practice is still controversial.In the judicial practice, involving the transfer of vehicle ownership, not buying and selling the effectiveness of the contract, good faith and motor vehicle traffic accident occurs, such as the main responsibility of the problem. Due to the particularity of motor vehicle, laws and regulations in our country have rules, trial practice, understanding is differ, bring certain difficulty to hear cases. Based on the real case analysis, found and put forward the problems that exist in the motor vehicle ownership change. First of all, from the theoretical circle about motor vehicle ownership change, the three views of the effect of then concrete analysis our country current relevant laws and regulations, and the nature of the current registration system, effectiveness and function, points out that the existing registration system into play in motor vehicle ownership change. Finally, in view of our country motor vehicle ownership change reality put forward some Suggestions. In this paper, in the talk about some superficial views on this issue, wrong please correct me.
Keywords/Search Tags:Register of motor vehicle, Motor vehicle ownership changes, Defensible modeof registration, Effective delivery, Good faith acquisition
PDF Full Text Request
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