On The Delivery And Registration In The Acquisition Of The Special Chattels’ Ownership

According to the Article24of the Real Right Law of China and the Article10ofthe Judicial Interpretation of Trading Contract Law, the Registration Antagonism isadopted in the acquisition of special chattels’ ownership and delivery is prior toregistration. There are many shortages under this pattern, for example，the tradesafety will be threatened, registration will become meaningless, the antagonism ofregistration has not been maintained and the constitutive elements of the specialchattels’ bona fide acquisition are not clear.The first chapter mainly discusses the validity of delivery in the acquisition ofspecial chattels’ ownership. The Article24stipulates the pattern of “taking effectthrough delivery and resisting through registration “so that delivery is a necessaryelement of the acquisition of special chattels’ ownership and the effect of real rightalteration will not happen. Registration is only the element of resisting. If withoutdelivery the pure registration does not have the effect of real right alteration, theregistration is meaningless,the right of some bona fide third parties can not beenprotected while these results are illegitimate in legal values. As a result, it isnecessary to modify the present law’s pattern, admit the delivery is not necessaryelement of the acquisition of special chattels’ ownership and delivery is prior toregistration and stipulate the parallel pattern of “taking effect through delivery andresisting through registration” and “taking effect and resisting through delivery”. The second chapter mainly discusses the scope and effect of registrationantagonism when the civil subjects only have done delivery and haven’t finishedregistration. The main questions are like below: Firstly, how about the meaning ofregistration antagonism，what is the judging standard of bona fides third party andwhat is the judging standard of bona fide and mala fide? Secondly, how about thesubjects’ legal status and rights after registration antagonism? Thirdly, whatconstitute registration antagonism and is the transferor’s second disposal behaviorauthorized disposal or unauthorized disposal in the typical condition of thing sold fortimes?The third chapter discusses the question of constitutive elements of specialchattels’ bona fide acquisition. This part involves three questions of the constitutiveelements of special chattels’ bona fide acquisition when the transferors have no rightto dispose the special chattels: Does the special chattels’ transferor need to beregistered as owner or only possess the special chattels? Does the assignee need to beregistered as obligee or only possess the special chattels? How to judge theassignee’s bona fide?...