Special Movable Property Rights Change Rule Research

It has established the regulations of the ownership change of special movable property in Chinese Property Law Article 24. But the regulations are too general to define the legislator's position clearly. Generally speaking, the mode for the ownership change of special movable property in Chinese Property Law is “delivery effectiveness, registration antagonism”. Accordingly, delivery is a necessary element to ownership change of special movable property. The mode has big problems in both theory and practice. In order to better regulate the special movable property transaction, it is urgent to make a change to the model. It is believed that effectism of registration is a right choice for the future legislation. Effectism of registration can not only overcome the disadvantages of antagonistic to registration, but also eliminate one's anxieties for the problems effectism of registration leads to through the improvement of the relevant corresponding institutions.This paper is divided into four parts. The first part introduces the current situation of the legislation of the ownership change of the special movable property in our country. Through the analysis of the Property Law and the relevant laws, we can clarify the current specific rules of the ownership change of special movable property. The second part analyzes the problems of the current legislative model, which shows that the mode “delivery effectiveness, registration antagonism” has a series of problems, such as the ambiguity between ways of demonstration and effect of demonstration, the ambiguous range of the third party, the application difficulties of Bona Fide Acquisition, and so on. The third part analyzes the root of these problems, which is the antagonism principle of the introduction of the ism of intentions of credit rights on the basis of the jam of formations of credit rights. Because it doesn't avoid the pre-existing disadvantages under the ism of intentions of credit rights, besides, the advantages of the jam of formations of credit rights has disappeared. The fourth part puts forward the suggestions of improving the regulations of the ownership change of the special movable property in our country, which claims that the “effectism of registration” is the inevitable choice for the future legislation. In order to make the “effectism of registration” function better, it also needs to improve the corresponding measures, such as the improvement of Registration institutions.