On The Alternation Of Special Movables Ownership In Double Sale

With the rapid developing economy, more and more people chose driving instead ofwalking. More vehicles transaction brings rise to the convenience of live but also has createdsome problems.In order to seek illegitimate interests, there are some people sellling the samevehicle to several different buyers on the market against the principle of good faith.It is theproblem raised by the practice that how to identify the ownership of the vehicle under the typeof this transaction,and in what system to protect the security of transactions.There areprovisions containing preliminary requirement not in detail for such issues in our legislation,but the dispute about them is still on.The purpose of this article is to slove the problem ofattribution of ownership,with combing all kinds of theories,and set criteria to determine theattribution of ownership according to different types of cases.This article has four parts exceptthe introduction.The first part mainly solves the alternation mode of special movables ownership. First itillustrates effectiveness problem of double sale contract, then explains the relationshipbetween article23and article24in the real right law, and preliminary explains the basicalternation pattern of special movables in our country,in which delivery makes the alternationeffective and registration plays a resistant role,with rejecting some opposite view. Finally theattribution of ownership problems in judicial interpretation is discussed,which will be unableto solve on the base of alternation mode of the real right, with the corresponding conclusions.In the second part this article gives instructions of validity of registration resistance ofspecial movables in our country,thinks that the meaning of no resistance, should be the personwhose property is not registered can not counterplead unsuspecting third party based oncorresponding status on the property.This part based on the publication of the real right,respectively illustrates the roles that delivery and registration play,and quality of the real rightnot registered in the registration resistance mode. It is confirmed again that delivery is theelement makes special movables transference effective and the conception of delivery herecontains notional delivery. Then it analyzes the validity of registration resistance modedrawing lessons from foreign experience and our country legislation suggestions and fromboth positive and negative aspects determines the scope of the bona fide third party. Afterconbining the confirmation for the possibility of double sale contract in actual case, the realright alternation mode already established and validity of registration resistance,this article solves attribution problem of special movables ownership in different cases by classificationprocess.The third part analyzes bona fide acquisition adopted on special movablesownership.Based on the source of public trust of bona fide acquisition, this part analyzes thenconfirms possession is the right appearance of bona fide acquisition adopted on specialmovables ownership,and analyzes whether all different types of possession can be theapperance. In terms of the formation of special movable property ownership, this paper thinkthat it still needs to be at the same time satisfy the two conditions of delivery and registration.After summarizing the adoption of bona fide acquisition, it solves the attribution of theownership problem proposed in second part of the article, which can not be solved by meansof the alternation mode of special movables or registration resistance.The fourth part is epilogue, makes a summary for the full text of the main problems, thealternation pattern of special movables ownership,validity of registration resistance and theformation of bona fide acquisition. And it also makes some suggestions for the defects of thecorresponding judicial interpretation.