Reserch Of The Change Of Vehicle Ownership

Before "property law" promulgated, the various laws and regulations in our country have not provided a motor vehicle ownership change mode, "property law" article 24 in 2007, despite the regulations of motor vehicle ownership change against the elements, but does not rule the effect elements, 2012 judicial explanation to the problem is not specified. The author believes that the interpretation of the "property law" article 24 shall be on the basis of absorbing foreign experience, choose a kind of theory and practice feasible pattern of changes in the ownership of motor vehicle. This paper will be divided into three parts:The first part is the legislation present situation and the theory about changes in the ownership of motor vehicle. China’s "property law" article 24 only regulation of motor vehicle ownership change against the elements, not the effective regulation requirements, after the relevant judicial interpretations of the problem is not to be specified. According to article 24, in China there are two kinds of theoretical explanation, a view is that its rules on the real right change mode of mixing, another is that its rules against the publication real right change mode, the disadvantages of the former is accepted by most scholars in our country, when thinking about the problems of the motor vehicle ownership change mode, some scholars put forward should abandon the practice of article 24, direct mining elements publication real right change mode.The second part is the choice of motor vehicle ownership change. First, this paper expounds the changes in the ownership of motor vehicle model is not an isolated concept, but a theory system, the objective expression to the principle of public summons, subjective expression for the good faith system; Second, the change pattern of continental law system countries about motor vehicle ownership legislation cases of comparative analysis, respectively discusses the meaning, the basic theory of the form and the influence of motor vehicle ownership change. Later, the author puts forward his own views: our country should not adopt the essential publication real right change mode, and should adopt the public against the real right change mode.The third part is the "property law" article 24 of the applicable law. First of all, the article 24 law explanation, the author thinks that the provisions of article 24 of the "property law" the registration against the real right change mode, respectively, from the way of the public, the potency, no registration shall not be against a third person in good faith "the scope of the three aspects to be discussed. Second, the "property law" article 24 in the legal practice of application were analyzed, and a second thing to sell it is used to compare a variety of real right change mode and the most commonly used, the most suitable case, compared with the real right change mode of mixing, if a car 2 sell situation, adopted the registration against the real right change mode is more advantageous to protect the interests of all parties, but also to judge quickly make more clear judgment. Finally, the "property law" in article 24 of the recommendations to the perfection of legal application, the author thinks, should establish and perfect the system of ownership of the motor vehicle registration.