Study On The Rule Of China’s Alteration In Motor Vehicle Real Right

With the geometric growth in the number of motor vehicle trading volume in ourcountry, motor vehicle transactions are becoming complicated，improving motorvehicle property rights changes in our legal system has become a pressing issue. Forthe changes in real property on motor vehicles, vessels and aircraft,“China’s PropertyLaw" to take the delivery of doctrine and registration antagonism eclecticcombination mode. But, registration antagonism theory,“China’s Property Law"provisions of following the theory of the subject property law system there is aconflict. Ownership of a motor vehicle shall not lead to the current theory of propertylaw can not be made on delivery against bona fide third reason to give a reasonableexplanation. Legislative reasons the legislature to adopt registration antagonism isthat, this model can better protect the security of transactions, safeguard the interestsof bona fide third; and registration property announcement in our country has a bettercredibility. This legislative reason for the lack of convincing, and it is difficult tojustify in theory and also produced a lot of difficult to explain the problem in practice.This article by the analysis of a variety of motor vehicle property right, and thencombine the understanding of “China’s Property Law” on registration antagonism.Point out that the problem of motor vehicle property rights changes in rules andsystem to put forward their own suggestions on how to improve the relevant rules.This thesis is composed of three parts. The first part is the introduction, I designa motor vehicle right change case type to elicit and Topics in this article at the sametime to clarify the purpose and significance. The second part of the typical motorvehicle property right of systems commentary, simultaneously analyze theeffectiveness of the delivery of possession with the registration of these two differentproperty announcement property changes in the motor vehicle. The third part startingfrom the provisions of “China’s Property Law”, combined with relevant theoreticalknowledge, registration antagonism mode "Property Law" normative mode of motorvehicle property rights movements and its problems. The fourth part of the problemfor China’s motor vehicle property right of existence, the author used the civil lawand property law principle put forward suggestions for improvement. The last part, author of motor vehicle property rights changes in the system of rules based on theforegoing analysis explore. Madding to explain for the article begins with theproposed changes in the motor vehicle property rights in China, as the conclusion ofthe thesis.