Study On Registration Antagonism In Special Movable Property

Special Movable Property is used to address motor vehicles,ships and aircraft by Chinese civil law theorists.In consideration of the greater value and highly liquidity in these vehicles,we make different provisions to special movable property in legislation.For the changes in real property on special movable property,“China's Property Law" takes the delivery of doctrine and registration antagonism eclectic combination mode.By this way,it is conducive to protect the safety of transaction and facilitate transactions convenient.Registration antagonism is coming from this kind of the real right change pattern and we can say it is an important legislative technique.The study on the registration antagonism is divided into two steps.In the first,we talk about the registration antagonism as a legislative technique.In the second,we put the registration antagonism into the civil law system.This article is divided into four parts.The first part focuses on the basic issues of variation of special movable property rights,such as clearing the concept and features of a special movable property,searching our current law about the special movable property,carding legislative models of special movable property rights on Chinese law.The second part focuses on the registration antagonism in change of real right of movables and makes it clear the development of the registration antagonism in a comparative context.Then the author conducts a comprehensive analysis on the objective and subjective requirement of the third party.The third part points out two problems in the registration antagonism according to our current civil law system.It is hard to explain the registration antagonism in our civil law theory,leading to confusion in the judicial application in the end.In the last part,the author rethinks the registration antagonism in our civil law system and prospects the future development in registration antagonism.