China’s Special Property Ownership Migration Research

Traditional civil law theory has a strict and clear distinction between movable and immovableproperty rights changes publicity. Movable property changes in delivery as a means of publicnotice, real property transfer to be registered as a means of public notice. But the emergenceof this property in the form of special chattel movables external properties, but also has greatattributes of the real estate value, so as a special movable property rule changes on thedelivery of possession or registration controversy will always exist. A global point of view,there are different legislative mode. In order to solve the problems of special movableproperty changes in actual market transactions which exists between the parties and thepurpose of easy management of special chattel, China "Property Law" clear the specialproperty ownership registration Confrontation legislative model, ie, non-registered, theeffectiveness of the parties Migration real right shall not be bona fide third party.This law, a positive role in solving theoretical debate, the practice is also helpful. However,the mode of of special chattel registered against the legislation also facing scholars disputeand solve the difficulties of reality transactions. Such as, scholars believe that the third partyacting in good faith or bona fide third party does not require registration under the adversarialsystem, there is no protection,"Property Law" Article24provides part useless; registeredagainst the legislation ’bad faith in the market may prompt The trend spread, and contrary tothe economic principles of market transactions, and ultimately harmful to the marketeconomy.In view of this, the Supreme People’s Court issued a "Supreme People’s Court on the hearingof the contract dispute cases applies to the interpretation of the legal issues (such as no specialinstructions, hereinafter referred to in this article, the interpretation of the contract") to clearthe ownership of the special movables multiple trading case changes in the rules, beneficialpractice. Similarly, for the interpretation of the contract "provisions also need the actualanalysis of the theoretical discussion and practical applications. These problems include: thespecial property ownership changes publicity? Registration of the a special movable propertychanges exactly what role? Special changes in property ownership for the the ownershipretention system and bona fide acquisition?"Explain" Article10"delivery" including the concept of delivery contract for the sale? Special the chattel multiple human rights and theirnature of contract for the sale of rights? Multi-contract for the sale of special chattel effectpoint in time how to define? And so on.This article intends to departure from the above-mentioned problems, the analysis of thediscussion "Property Law" and "discussed the contract to explain" about special propertyownership transfer of the relevant provisions of the premise. The article is divided into fourparts: First, a brief analysis of the scope of the special movables, clear legal transfer of therelevant provisions of the special property ownership, and then discusses the nature and roleof special property ownership transfer register, pointed out that a special movable propertyregistration the publicity effect, the right to presumption of validity. The second part of thebona fide acquisition system and the scope of application of the system of retention of title,and through the analysis of argumentation special movables because of a third reason in thenon-delivery of possession or delivery of possession and registration behavior does not exist,invalid or revoked, three people doing a reasonable duty of care, it should be recognized thatthis case the special movable property acquired in good faith. Special chattel applicableretention of title provisions there are no obstacles in theory, but in real practice due to the lackof effective means of publicity, resulting in the retention of title between man and the conflictof interest of a third party in good faith, and learn from other countries and regions of thelegislative model, our special property ownership are retained when adopt "written establishedconfrontation registration legislative proposals. The third part, focused on the contractinterpretation of Article10on special chattel multiple trading provisions of the situation, toanalyze the contract interpretation of Article faced in the actual operation of the rights andobligations of the rights of judgment, delivered way, including the definition of which andlegal prerequisite for the effective time point. This part of the article that the rights of therights holders, including the registration request rights, applications for registration and thefirst buyer to apply for the registration of the transfer of ownership of delivery request rights.Whether Article10of the "delivery" for the concept of the delivery of various types, analystsbelieve that the possession of the reclassification due to lack of publicity, will not be able tobona fide registered person does not belong to the Article10of the type of "delivery". The last part of the migration for our special property ownership realities to givepersonal advice.