Research On The Property Ownership Of Special Movables Being Sold For Times

With the increasing phenomenon of special movables being sold for times,the problems of which property ownership of subject matter, transaction security maintenance and cohesion of legal theory and system when regulate this phenomenon has become increasingly fierce. About the problem of special movables being sold for times, our current legislation and judicial interpretations have some relevant provisions but they are not explicit and have continuous debates. Therefore, the article will closely around the central problem of property ownership of special movables being sold for times, pointing out the existing legislation and debates in the pattern of property right change of special movables, analyzing the focus of the debates and obtaining this article’s viewpoints on the issue; under this premise, the article will interpret and analysis the Article 10 of the judicial interpretation on the sale contract by the People’s Supreme Court. Finally, this article will classify the property ownership of special movables being sold for times by the method of stereotype and obtain the exploration conclusions of each case. Except the introduction part, this article includes the following five parts.The first part will firstly analysis the existing legislation in the pattern of property right change of special movables, pointing out the inexplicit of Article 24 of the Chinese Property Law and which has caused controversy. Then, this article lists a variety of different views, and analysis its essential meaning, and these views are summarized.The second part has a positive analysis to the nature of the problem on the the controversial theory, considering that the crux of the ownership of the special movables being sold for times is: the differences between effectiveness of “delivery” and “registration” on the relationship. And here lies the essence of the scholars’ different views. Under this knowledge,the author analysis the existing legislation in the pattern of property right change of special movables, by the way of meaning interpretation, system interpretation and purpose interpretation, obtaining that our pattern of property right change of special movables should be “The delivery of effective, registration antagonism”, and explaining the effectiveness of “delivery” and “registration” under this pattern. The original intention of legislation of “without registration, shall not act against the bona fides third party” is explained as well.The third part explains the Article 10 of the judicial interpretation on the sale contract by the People’s Supreme Court, considering that although the People’s Supreme Court in the formulation of the rules has created a new order of performance system, it emphasis so much purpose on “based on the principle of good faith, the right of the seller to choose independently should be negated” that ignoring the protection of the interests of buyers. The author analysis 4 items of this article one by one and points out the contradictions to the current legislation.The fourth part closely around the problem of “delivery” and “registration” on the basis of the above, in the way of extract representative type, stereotyping property ownership of special movables being sold for times. And obtaining the exploration conclusions on property ownership of each case, so as to provide different attempts for the settlement of the problem.The fifth part is a conclusion, this part reiterates the crux of property ownership of special movables being sold for times, putting forward to Article 24 of the Chinese Property Law and the Article 10 of the judicial interpretation on the sale contract by the People’s Supreme Court. It summarizes the author’s train of thought for solving the problem of property ownership of special movables being sold for times, and put forward the exploration idea to solve this problem.