On The Localization Of Registration Confrontation Doctrine

Under the consensual model of property transfer,the transfer of property can not be publicized.The owner may sell his property to different people,which results in conflicting interests among the buyers,and it is difficult to determine which buyer should be protected.In order to make up for this legislation defect,registration confrontation doctrine is adopted by the legislation.However it is of enormous significance for us to place an emphasis on the difference between the registration confrontation doctrine and principle of publicity and credibility stipulated in BGB.Under the registration confrontation doctrine,which buyer should be protected depends on which buyer is first to accomplish his registration.Since it is impossible to publicize transfer of property by the buyer's registration,the registration is unnecessary to be simultaneous with transfer of property,resulting in that this kind of registration is named after notice registration.In order to ensure that people can be informed of transfer of property,factually,timely and all-sidedly,the registration should be simultaneous with transfer of property under the principle of publicity and credibility.Because of this,the legislature be compulsory to adopt formal model of property transfer,under which registration is named after establishment registration.Because notice registration is not capable of publicizing transfer of property,it should not be regarded as a publicity approach.In additional,a third party can not be protected if he believe the nominal owner displayed by the notice registration is the real owner.Registration confrontation doctrine is adopted to resolve the conflicting interests because of the transfer of property not being publicized under the consensual model of property transfer.In addition,the conflicting interests can be categorized under the right system of China civil law.However the conflicting interests between people who have the right in rem and the right in personam is not included in those kind of conflicting interests.As a result of various conflicting interests,the meaning of the confrontation in the registration confrontation doctrine should be categorized too.Simultaneously,it is also of tremendous significance to take those kind of conflicting interests in account when define the third party in bona fide under the registration confrontation doctrine,which is the most bewildering problem.It is of great significance to clarify the function of the registration confrontation doctrine in order to cope with the difficult problems about ownership transfer of special mobile property.Ownership transfer of special mobile property should be publicized by delivery and possession,which the principle of credibility is based on.registration to some extent plays an important role in preclude the third party in bina fide from achieving the ownership of the special property.this is a special situation the law protects who is first to accomplish the registration,which can be regarded as an element for prior protection.It requires vary the protection approach in accordance to the categories of the conflicting interests.In addition,some countries refuse to protect the third party who is not in bina fide,which be adopted by property law of China.it is important to keep this in mindThe registration confrontation doctrine have both negative and positive influence on China civil law.unfotunately the negative influence overwhelms the positive influence.For instance,it does not assort with the absolute of right in rem,results in conflicting interests and have an inversely effect on protection of the third party in bona fide.In China civil law,the registration confrontation has a limited influence in cope with the issue on farmland contract management right,the countryside homestead right and servitude.As the administrative reform deepens and registration is filed by computers,the registration cost will be sharply reduced.Legislation should adopts theregistration validity instead of the registration confrontation doctrine.