On The Registration Of Motor Vehicles And Change Of Property Rights

In recent years, as China’s economic development, the motor vehicle more widespread, but motor vehicle registration and property change legislation is flawed, resulting in motor vehicle transactions have a lot of urgent legal settlement of disputes. In daily life, people change the way there are some misunderstandings vehicles Property is generally believed that the vehicle ownership certificate is driving license, vehicle ownership transfer to go through the Registrar, this misconception is forced by the country due to motor vehicle registration system.According to the 2007 introduction of the "Property Law", legislators vehicle classified as chattel property ownership but the general public is a way to deliver and vehicle is unique, legislators considered insufficient to protect public power delivery vehicle with a larger value, but the use of real property registration system in order to protect their way of protection, not suited to today’s frequent trading vehicle business reality.So in legislation, changes in mode of a motor vehicle with a creditor Real formalism and registration antagonism combination of legislative model, legislators think so either make motor vehicle transactions convenient and can play an effective protection of motor vehicle safety purposes. But this legislation has produced a series of theoretical and practical issues. In theory, the way for the entry into force effectiveness and change of property rights registration, various scholars have different opinions. In judicial practice, not related to the transfer of ownership of the vehicle, the effect of the sale, mortgage pledge bona fide acquisition system and other issues. In this paper, analysis of real cases, to identify and propose changes in vehicle ownership Problems. By analyzing the pattern of legislation creditors’ formalism plus antagonism of defects, such as can not reasonably explain the effect, the registration and the conflict has resulted in the delivery of the rights of bona fide third party motor vehicle transactions can not be effectively protected and some other column issues. I Legislation pattern defects, proposed several different solutions, hoping to offer advice for a change of vehicles shallow Property Improvement.