The Effect Of Delivery And Registration Of Special Movable Ownership Transfer

Special movable property is different from real estate and movable property,is a special way of existence of property,in our legal provisions,involving the "Property Law" Article 24 and "the sale of the contract judicial interpretation" Article 10.At present,China's relevant laws and regulations,the ownership of special property to obtain the use of delivery and registration against the model.Delivery is the entry into force of special movable property,resulting in the transfer of ownership after delivery.The theory of registration confrontation refers to the registration of the transfer of ownership of special movable property,only play the role of publicity.China is the principle of one thing,the view of ownership is inconsistent with the basic principles of China's property law.The reference to a system of goodwill requires clarification of the scope of the third party and the prerequisites for the application.In the rules of transfer of special movable property ownership,registration can be regarded as a right of defense,only in the litigation level confrontation,does not mean that the ownership of the right to obtain or transfer.The first chapter of this article mainly discusses the scope of special movable property,and delivery is the special action of the transfer of ownership of movable property requirements,no delivery,does not produce the effect of changes in property rights.The second chapter of this paper mainly discusses the effectiveness of registration in the transfer of ownership of special movable property.It is clear that registration is a confrontation in the process of transfer of special movable property ownership,only publicity effect and no transfer ownership.In practice,the special real estate transaction supervision is very strict,make registration need to have a rigorous review and complex processes,so I believe that no delivery can be made to register the situation rarely occur.Also discussed the views of non-delivery of the registration of academic circles,I believe that the delivery of the transfer can not transfer ownership.Introduce a system of goodwill.The system of goodwill acquisition and registration and confrontation is a supplement to the system of registration and confrontation.Bona Fide obtains that the subject matter has been delivered,and that the buyer is unaware of the transfer of ownership.The third person includes the owner,the mortgagee and the tenant.In the third chapter,the author analyzes the ownership status of special movable property in the process of selling one item in detail.From the concept of delivery,registration of the theory of confrontation,not registered nor paid under the ownership of ownership.The coexistence of multiple forms of delivery makes the registration of the right and the actual owner of the situation is inconsistent,is caused by a number of items sold,delivery and registration of the conflict with the incentive.The registration theory of confrontation introduces that the registration can be used as a right of defense in a litigation,without involving changes in the ownership of the entity,without being paid or registered,according to the economic point of view of free competition,that the signing of multiple contracts is legal,But the legal point of view that this behavior is contrary to the principle of good faith.The fourth chapter puts forward some suggestions on the existing transfer system of special movable property ownership,including perfecting the registration system,introducing the network registration system and perfecting the transfer system of ownership.Hierarchical system is the basis of ownership transfer system,should also be in the administrative provisions of the special system of movable property system,the system should also be more comprehensive and rich,the special property on the burden of registration is also clear to avoid the third person without knowledge,But suffered a loss due to trust in the registration of credibility.In addition,the rapid development of the Internet makes the administrative departments have begun to use the network information registration,such as traffic control departments and public security departments,can improve the efficiency of the work.Special movable property registration department can also develop the network registration system as soon as possible,so that buyers and regulators can obtain a relatively comprehensive first-hand information about the rights holders who are born in the standard special movable property.