A Study On Registration Resistance System Of Special Movables In China

A large number of situations about multiple sales of special movable property exist in real life.Although current legislation and judicial interpretations of ownership under this situation have the relevant provisions,those provisions are not explicit and controversial.Therefore,this paper closely focuses on solving ownership of special movable property under multiple sales.From identifying the pattern of ownership transfer about special movable property,to further study on registration resistance system which is suitable for China's national conditions,this paper is aimed at providing theoretical support to solve ownership under multiple sales.In addition to the introduction,the text is divided into the following five parts.The first part: through analyzing the typical case,the author found that the courts have different attitudes toward the effectiveness of registration in judicial practice,different opinions on the scope of bona fide third parties and variable pattern in rem of special movable property.And scholars also have different academic opinions on the theory of registration resistance system,the legal significance of the delivery and registration in the change of real right,and the ownership determination of multiple transactions,which leads to the research scope of this paper.The second part: the key to solve the problem of multiple sales,is firstly clarifying variable pattern in rem of special movable property.Therefore,through the study from two aspects of the theory and legislation,the author confirmed that China takes a special transference mode.Although this mode has formed a common said in the academic community,.But the ownership is not reasonable identified in a variety of situations under various means of interpretation,so scholars have proposed various amendments.Based on the refutation of these amendments,the author discusses the reasonability and advantage of variable pattern in rem of special movable property in China,so as to provide a prerequisite for further discussion.The third part: through the introduction of the academic perspectives of Japanese registration resistance system,the author found the logic drawbacks of the theory,and then abandon the rule of "who register first who obtain ownership” in order to establish registration resistance system which suits China's actual situation,therefore providing theoretical support for solving multiple sales.And through the analysis of the publicity method of the innovative variable model in rem of property in China,the author thinks that it should not treat possession or registration as publicity method separately.Instead,it should combine possession and registration to form a unified appearance of right,which treated as the subjective standard to judge third party bona fide or not.And through the introduction of all kinds of Japanese theories on how to define the scope of the third person,combined with the article sixth of the " judicial interpretation about property law ",the author proposes the objective standard about the scope of " the third person in good faith ",namely " having competitive relationship toward real right interests of special movable property ".Then,the author puts forward that the third party can obtain the ownership in the case of satisfying the subjective and objective standards at the same time,and registration is not required.And then author summarizes the specific scope of the “third person in good faith",which exclude special types of creditors,such as the seizure of creditors,creditors who participate in distribution,creditors in bankruptcy,etc.The fourth part: according to the variable model in rem of special movable property and registration resistance system identified in front of a few parts,using the subjective and objective standards of judging the bona fide third party,combined with the state of possession and registration to judge the third person in good faith or not,the author analyzes all kinds of probable multiple sales and identifies the ownership of each type.When the special chattel assignee to transfer,there may exist the situation that the multiple sales and unauthorized disposal coexist.The author discusses the situation and uses the conclusions identified before to determine the ownership.Through the comparative analysis of registration against system and the system of bona fide acquisition,the author discusses the differences existed between the two,and identifies that both systems shall be applied respectively in different circumstances.The fifth part: through the improvement of the registration system of special movable property and the amendment of the article sixth of the " judicial interpretation about property law",the author hopes that these amending advice may better cooperate with interpretation of the existing rules identified in the preceding parts,forming a logical comprehensive registration resistance system.