Research On The Change Rule Of Special Movable Property Rights

The twenty-fourth article of the property law stipulates that a special chattel can not be opposed to bona fide third persons without registration.However,because the law only specifies the effectiveness of registration as an incomplete law,there is no definite reason for its entry into force,which causes that the scholars have written articles to discuss the dynamic effect of special elements and the property of the registration : mainly including " entry into force of consensus + registration confrontation",“entry into force of delivery + registration against","delivery and registration can cause special property right changes." According to the tenth interpretations of the Judicial Interpretation of the Contract of Sale,In the case of a small amount of goods sold: The rules which include delivery priority,registration priority,prior to the establishment of the contract solve the problem of deciding the ownership of a particular movable property under normal circumstances,but for a special chattel which is sold for times,there is no provision for the problems including prior registration,after delivery and double delivery under concept delivery.According to the sixth interpretations of the Judicial Interpretation of the Property Law 0ne,The creditor of the assignor does not belong to the bona fide third party in the case where the buyer pays the price and obtains the possession.However,this rule does not meet the expected purpose of legislators,and contradicts with the existing judicial interpretations and legal provisions.In addition to the introduction,this article is divided into three chapters.In addition to the introduction,this paper is divided into three chapters.The first part is an overview of the property rights change rules of special chattels.The twenty-fourth of the Property Law does not use the concept of special chattels,some scholars expressed this kind of movable property as "registered chattels",some called it“quasi real estate ",after the introduction of the judicial interpretation of the contract for sale,this kind of movable property was defined as a special chattels.Special provisions on the movement of real right in motor vehicles,aircraft and ships are not unique to our country,but our country is based on the identification of other countries.Therefore,this chapter introduces the provisions of other countries on such movable property.Scholars have different views on the real right change rules of special chattels," entry into force of consensus + registration confrontation ",“entry into force of delivery + registration against",“entry into force of delivery+ entry into force of the registration.The author expounds and analyzes the supporting points of each theory.The second part focuses on the problems existing in the rules of change of special chattels rights in China.The tenth interpretations of the Judicial Interpretation of the Sale and Purchase Contract provides basic provisions on the issue of the sale of special property.However,the fourth items of the tenth interpretations are controversial,the author thinks that it does not register the first,after the delivery of the situation to register.One issue of the sale of special chattels is the problem of ownership confirmation under the delivery of ideas,and the tenth interpretations of the Judicial Interpretation of the Sale Contract does not provide for it.The sixth interpretations of the Judicial Interpretation of Property Law regulates the scope of the bona fide third party,and complements the contents of the twenty-fourth interpretations of the Property Law,but because of its logical error with the judicial interpretation of the sale and purchase contract,and did not achieve the desired results..The main content of the third part is to analyze the causes and perfect schemes of the rules of change of special chattels rights.The reason is that the publicity system,which is different from the general movable property,not only includes the delivery but also the registration,but gives the two different effects,making it difficult for the actor to judge the true state of rights.On the improvement of the rules of change of special real property rights,the author puts forward of the judgment standard of incorporating the registration into the special judgment of the special chattels and the deletion of the "payment consideration" element in the sixth interpretations of the judicial interpretation of property law one.