Study On The Change Of Special Chattels’ Ownership

The Article 24 of the Real Right Law of China and the Article 10 of the Judicial Interpretation of Trading Contract Law, stipulates the pattern of “taking effect through delivery and resisting through registration” for the establish, change and transfer of the special chattels’ ownership. However, this pattern gives the effect of publicity to two different publicity ways, which are delivery and registration. There are many shortages under this pattern, for instance, the effect of registration is weaken, rules of multiple transaction are unreasonable, the constitutive elements of the special chattels’ bona fide acquisition are not clear.The first chapter mainly analyze the pattern and the requirement of validity of the change of special chattels’ ownership. By introducing the typical foreign legislation, discuss the existing rules and their influences. In the legal hermeneutic view, analyze the attitude of Real Right Law of China to the special chattels, by evaluating various theories, finally draw the conclusion that the change of special chattels takes effect through delivery.The second chapter interprets the rules of multiple transaction around the Article 10 of the Judicial Interpretation of Trading Contract Law. This interpretation support the “delivery effects” theory, additionally, it establishes four standards to determine priorities, the standards are delivery, registration, the establishment time of contract, delivery is superior to the registration. But there are many disadvantages, including failing to safeguard the principle of good faith, limiting the principle of Parties’ Autonomy. And it can’t realize the goal of the legislation, undermine the effect of registration.The third chapter analyze the constitutive elements of the bona fide acquisition, bona fide acquisition should not be applied to conceptual delivery. However, it can be applied to the change of special chattels if there are both conceptual delivery and registration. Besides, as to special chattels, if there is only praxis delivery, bona fide acquisition can be applied, but if there is only registration, it can’t be applied. The occupation and registration of assignor connect to the good faith of the third party, which should be decided on the basis of different conditions.The fourth chapter explains the key to these problems, introduces different legislation advices and give my own advice that the pattern of the change of special chattels’ ownership should be revised as “taking effect and resisting through registration”, just like the pattern of the change of real estate.