A Study On The Bona Fide Acquisition Of Motor Vehicle

"Property Law" stipulates Bona Fide Acquisition, which can be applied to movable property.Although motor vehicle belongs to movable property in nature,it doesn’t mean that Bona Fide Acquisition can be applied to it.Because possession is public method of movable property, it can be given to credibility.Because registration is public method of real estate,it can be given to credibility. The way of the transference of motor vehicle is the effective transfer upon the delivery and registration resistance,which is different from movable property and real estate.Possession and registration are public methods of motor vehicle’ property.Does the third party in good faith to obtain ownership of motor vehicle based on the trust of the public methods of possession or registration?Does Bona Fide Acquisition be applied to motor vehicle?These issues need to be discussed in detail.In addition to the introduction and epilogue of this article, the main content is divided into six sections:The first part analyzes the different academic scholars’ ideas about the Bona fide issue of motor vehicle,thus raises the issues needed to be discussed in this article:what is the trust that the third party can get the special protection of the law in Bona Fide situation of motor vehicle?Does the third party in good faith to obtain ownership of motor vehicle based on the trust of the public methods of possession or registration?The second part analyzes connotation and comparative law of the legal force of property registration.Article 24 of Property Law establishes the way of the transference of motor vehicle,which is the legal force of property registration.There are two different ideas about registration resistance:the one is “the effective transfer upon the delivery and registration resistance”;the other is “trade Agreement and registration resistance”.I agree with the first view.Except as otherwise provided by law,the delivery is the effective element.In terms of comparative law of the legal force of property registration,the way of the transference of motor vehicle in our country is different from France and Japan.The third part discusses whether motor vehicle is the applicable object of theoretical foundation of Bona Fide acquisition or not.In this article,the theoretical basis of bona fide acquisition is divided into two stages:the first stage is traditional doctrine and the second stage is the new theory.I think it is not the traditional doctrine but the new theory that can be applied in Bona Fide situation of motor vehicle.The fourth part focuses on whether possession of the motor vehicle is credible or not.Nowadays, possession and ownership are increasingly departing. Possession can no longer characterize the rights. Chinese law can’t endue possession with credibility. Therefore, possession of the motor vehicle is not credible. The third party acquires vehicle ownership in good faith, which is not an admission of possession credibility.The fifth part focuses on whether vehicle registration is credible or not.Chinese law can’t endue vehicle registration with credibility.Registration credibility is lack of the basis of existence.Existing motor vehicle registration system is imperfect and relevant mechanisms are not enough.Therefore,vehicle registration is not credible.The third party acquires vehicle ownership in good faith,which is also not an admission of registration credibility.The six part discusses types and elements of motor vehicle’s Bona Fide acquisition under the legal force of property registration.I think,by expanding the analysis from the system level and value level,this article argues that: if the third party wants to acquires vehicle ownership in good faith,he must simultaneously believe in the two public methods of possession and registration,which is so-called “double-publicized type”.