The Legal Analysis Of The Change Rules Of Special Movables Property Right

With the continuous improvement of the social and economic level of our country,the connection of special movables,such as cars,ships,aircraft,and our daily life is more and more encrypted,and some business contract disputes related to special movables are increasing.The most important problem of solving these disputes is the rule of real right change rules of special chattels.In our country,the provisions relating to the change of real property and real real property are mainly the ninth and23 articles in the real right law,that is,the change of real property right in real estate takes the registration as its effective requisites,and the general movable property is the important element of its entry into force.But for special movables,the provisions of the twenty-fourth article of the property law are not clear.The provision does not clearly establish what is the effective element of the change of property right,but it is only stipulated that no registration can not be made against the third people in good faith.The vague provisions of the 24 provisions of the property law provide a great deal of space for the understanding and understanding of the rules of the change of real property rights of special movables,and to a great extent,the occurrence of some ununified judgments,which eventually reduces the security of the sale.In order to solve these problems,the supreme law issued the judicial interpretation of the sale contract in 2012,and in the tenth article directly stipulates the principle that the real right change of special movable property is taken into effect registration confrontation.But,this specific rule does not solve the dispute.Instead,it makes the academic circles discuss more about the rules of the special property right alteration.Based on the above problems,this article hopes to introduce the relevant theories and theories,analyze the existing laws and regulations,compare the different modes at home and abroad,and put forward some useful suggestions on the problems of the change rules of special real property rights in our country,in order to better improve the relevant legal system of our country.In addition to the introduction,the l text is divided into four chapters.The first chapter is the introduction of the alteration of the real right of special chattels.This paper expounds the difference and connection between the two elements of movable property and real estate,introduces the concept of special chattel and the relevant theories of the rule of the alteration of real right in real estate.The second chapter introduces the relevant provisions of the current changes in the real right of special movables in China,and makes a brief analysis of the tenth articles of judicial interpretation of the sale contract,and points out the theoretical and practical problems in the tenth articles.The third chapter introduces the related modes of the change of real property rights.First,it introduces the mode of real right alteration in foreign countries,including the mode of intention and formalism.Then it expounds the choice,establishment and jurisprudential analysis of the mode of real right alteration in China.The fourth chapter is about the improvement of the rules for the alteration of real property rights in China.On the basis of the above chapters,the paper puts forward the existing problems of the rules of the change of the real property right in China,and puts forward some perfect measures for these problems.