Special Movables Resilience Changes And The Resistance Effect Research

Based on the legal effect of contract is invalid, revoked or rescinded, when special dynamic transfer contract made for some reason is found to be invalid, revoked or removed, the transferee will need special chattel ownership returned to Licensor, the process of the return of the original object ownership is a special dynamic resilience property changes. If the transferee to the special movable property and then transferred to third people all the time, the transferor transferee direct request to return the original rights will be limited, in between the Licensor and third people will have made the special chattel ownership confrontation relationship. "Explain" the Supreme People’s Court on the trial of the case law applicable contract disputes about the special chattel sold a two successful delivery and ownership transfer rules, is aimed at both the special chattel enjoys creditor rights, and the special movable property restitution of the variable in the process of moving the confrontation is not only exist in the creditor’s right, so need to carry on the change and transfer of ownership property set.Because the invalid, cancellation or termination of the real right effect caused by change of restoration and confrontation will be different:Special transfer of real estate contract invalid property resilience changes and against the rules. There are many causes the contract invalid, of which the most common is the effectiveness of the mandatory provisions or for violation of public order and good customs caused by invalid, thus lead to Property Restitution of the change and the fight is affected by many factors, need from third people, to determine the reference time determination, giving priority to the interests of maintenance for the breakthrough point to set rules, to change, against the rules.Special transfer of real estate contract revoked the real right change and resilience against the rules. As invalid, led to the cancellation of the contract situation also many, revoked reprehensible situation will cause revocation based on discrimination for revocation of induced and non induced by withdrawal of two. By the seller to the cancellation of the contract be condemned to different degrees, analysis of third person obtain special chattel ownership antagonistic effect.Special contract rescission when the restoration of property right changes and countermeasure. The termination of the contract effect is direct and third people to the real right change and recovery of confrontation has important influence, research on distinguishing the effect of termination of the contract is a necessary special movable property changes and against property.This paper only on special movables resilience against change and efficacy of superficial analysis, also need theoretical research and judicial practice experience of the rules of the rich.