Research On The Change Rule Of Special Movable Property Rights In China

As the ever-changing economic development, the importance of such special personal property as ships, air-crafts and other vehicles has been indispensable in our daily life. To adapt to protect transaction security, the legislation of some countries and regions regulate the publicity way and transaction rule of special movable properties in different ways. In China, because of the “Binary Pattern in Publicity”, the changing rule of the special personal property is controversial. Academically, there are Agreement Rule, Delivering Rule, Register Rule, and either Delivering or Register Rule. Article 24 of The PRC Property Law has regulated that the register of special personal property could fighting the third party. On the contrary, the Supreme People's Court of the PRC issued the Judicial Interpretation on Contract of Sales, which goes against the Property Law. The contradiction result to the changing rule of special personal property more intricately. Therefore, it is necessary to make a thorough inquiry on the changing rule of special personal property within or without the ownership.The first part is about the controversy of the changing rule of special personal property in the academic field and legislation.The second part is about the legislation and theories in other countries. According to the different mode of real right alteration, the Credit Autonomy of the Will and the Formalism of Real Right's Changing, many countries make the corresponding special provisions about special personal property, which provides material for this paper.The third part is the changing rule of special personal property within the ownership. The problem of this part is the two kinds of publicity in one thing. Actually, it is permitted that the special personal property has two kinds of publicity in the law.The last part is about the changing rule of special personal property without the ownership. It connects with the Good Faith System. The Good Faith System does not cause of the credibility. On the contrary, it aims to strengthen the credibility of some kinds of publicity under the sales without ownership.