Transfer Rules Of Special Personal Property In Judicial Practice Application

China's "Property Law" Article 23,24,respectively,the basic rules of movable property in general and changes in effectiveness against specific variation of Registration of Movable specific provisions,but did not specify the changes in the Rules of Property particular movables,resulting in academia there is a dispute,and in the judicial practice caused some conf'usion for the special treatment of movable property ownership disputes.With the"Supreme People's Court on the trial contract dispute case law applicable to the problem," the introduction,the interpretation of Article 10 establishes special movable "one thing more to sell" rules of adjudication of the case,the referee for the unified scale,to guide judicial practice Significant.At the same time we should also see that the judicial interpretation of that article only for a single element of the delivery,registration,conclusion of the contract and other considerations,to identify specific changes in the ownership of movable property rights,it does not really respond to the specific rule changes chattel property rights issue,leading to justice "co-different sentence" remains a problem in practice.Taking Chinese referee instrument network announced "Fang Guiguang and Liu Xincai contract dispute","Guo Jianjun and Zhang Xinghua contract dispute" as the starting point for the analysis of two cases of special movable property rules change existing differences,for theorists and Understand the judicial practice regarding special movable property rule changes were discussed.Special movable property change model analysis,and elements of the Change of Jus depth interpretation to prove delivery elements are effective elements of special chattel property rights change,only to have force and registration of changes in property rights against any third parties arising external publicity effect.The article by constructing model case of special chattel property rights rules changes proposed rationalization of interpretation with judicial practice has a certain significance.Paper consists of four parts:Part ?:Change the special requirements of the entry into force of movable property confused.Through the introduction of two judicial cases,analysis of judicial practice on special movable property changes take effect the presence of elements of the referee standards differences,as well as several theoretical viewpoints exist.Part ?:Special effect of real right movables change mode.Introduce legislation of our country and take the Real Property change mode change mode,combined with the literal interpretation,systematic interpretation of existing laws and regulations,to change the Rules of Property explained.The author believes that change property rights special movables shall apply the rules change chattel property rights in general,that the delivery be effective property changes,so that changes in the act of registration Real Property fluctuates against any third parties and the role of external publicity generated effectiveness.Part ?:Changes of the Right of movable elements of special rules of interpretation.Limit the effectiveness of the delivery of the registered two elements were analyzed and elaborated special effect change Movable registered confrontation.Part ?:"Supreme People's Court on the trial contract dispute case law applicable to the issue of' Article 10 Problems and rationalization.Construction Case model for the interpretation of Article 10 of the four cases,further changes in the rules for special movables Real analyze.Reflection on the interpretation of Article 10 of the movable property of special effect change shortcomings and trying to build a more reasoned approach to guide the trial practice.