Research On Ownership Transfer Of Motor Vehicle

For there is a great number of motor vehicles in our country,and motor vehicles have characteristics of high transmit rate and high risks.So the Legislative modes of types of motor vehicles is not the same as general movable property.The law hasn't give a precise definition and rage of the special movable property so far.With the prosperity of the vehicle tradey,and problems of China's motor vehicle ownership transfer mode,there are many cases.This article mainly from the criticism and suggestions of two respects of theory and practice of the current motor vehicle ownership transfer problems,so as to improve the motor vehicle ownership in China transfer mode.This paper pointed out that the there are many contradictions and the reasons in the trial points of vehicle ownership transfer case,and pointed out that China's motor vehicle ownership transfer mode problems.In theory,the “Effective delivery + registration confrontation”pattern,registration confrontation doctrine cannot be explained by fundamental problems after buying vehicle right people get the vehicle ownership,use the system of bona fide acquisition of interpretation practice,blurring the boundaries of registration antagonism and bona fide acquisition.China's transformation of registration confrontation doctrine innovatively,The law applies two kinds of method whose effect are conflicting to proclaim the transference of the special movable property,endowed with a powerful effect of real right making the registration function empty,can not protect the interests of bona fide third and damage transaction security.In practice,the "property law" twenty-fourth is difficult to solve vehicle transfer without delivery and direct registration of motor vehicle ownership in this small probability event.There are some problems in the judicial interpretation of sales contracts: first,the tenth in the sale of motor vehicles and the "property law" of the twenty-fourth conflicts,there are internal contradictions;Second,emphasis on the absolute priority of delivery,greatly weakened the role of registration,registration of the purpose of registration is difficult to achieve incentive registration;third,Restricting the autonomy of the parties and damaging the freedom of trade;firth,Uncertainty in application,In the case of non preservation,the parties can change the ownership of the property through the delivery and registration,which affects the result of the judgment.This paper argues that in the real right system of our country,the transfer of the ownership of the vehicle takes the mode of "effective delivery + registration confrontation",not only in theory can not self consistent,practice can not guarantee the safety of transactionsSo this paper thinks that the vehicle is highly dangerous,strong mobility,possession and registration to two-phase separation characteristics such as the transfer of ownership should apply for the registration validity doctrine,the only way of publicityand and with the transfer of ownership in a unified way,in order to ensure that the motor vehicle trading relationship is clear and concise to secure transaction security.However,if the transfer of ownership of motor vehicles to apply for registration of the entry into force,it is necessary to unify the motor vehicle registration authority and a clear definition of motor vehicles,expanding the scope of motor vehicles.