On The Registration Of Movable Property Against Doctrine

The way of property right change adopted by China's Property Law promulgated in 2007 is a dualistic legislative system of registration resist and registration resistance.Registration efficiency has always been a hot topic in scholarly research and theoretical discussion. However, The study is still insufficient, not to mention the movable under the registration of confrontation. Article 23 and Article 24 of the Property Law stipulates that the special movable property rights such as ships, motor vehicles and aircraft shall be subject to the effect of delivery and registration against confrontation, and the third party shall not be confiscated without registration, Article 188 and 189 of the Property Law, the provisions of the chattel mortgage also take the same effect of the establishment of the registration of confrontationism, it can not fight the goodwill of the third person without registration. The core object of this paper is the special action property and chattel mortgage under the registration of confrontationism, mainly by enumerating the legislative and corresponding doctrines of each country, focusing on the acquisition of movable property ownership and the publicity method of chattel mortgage, analyzing and finding out the difficulties and problems in the application of the system, puting forward the corresponding consummation measures and resolving the suggestions so as to perfect the legislation of property law in our country and construct a clear and structured theory of real right change.In addition to the introduction, this article is divided into five chapters. The first chapter is an overview of chattel registration fugitiveism. First of all, from the origin of the registration of confrontationism, it explores its institutional basis of value,meaning autonomy and dominance of property rights, regards the French law and Japanese law in the registration of confrontation as the starting point to analyze the institutional structure of this system: the meaning of "the no confrontation" should be"third person advocated", only when a goodwill third person is opposed, the effect of the real right change does not take place; The definition of the scope of the "goodwill third person" should apply the term "restriction", that is, the person who only enjoys the right to the same subject, not the creditor. The second chapter is the application of the rules of registration of movable property rights. Firstly, it introduces the nature and effect of the registration of ownership of special movable property, the act of registration as a private law between civil subjects not only has the effect of confrontation, but also reveals the credibility of the system of publicity of real right.Through the elaboration of national legislation and various theories, it is concluded that the acquisition of special movable property should be "deliveryism" with corresponding reason. The third chapter is the application of chattel mortgage registration rules. The structure is similar to the second chapter,first of all that the chattel mortgage registration behavior should be civil acts rather than administrative acts, registration as a chattel mortgage sets up the same elements of public relations,credibility and other effects, it is necessary to adopt the method of "registration and establishmentism" by comparing the publicity methods of various chattel mortgage and the method of publicity of chattel mortgage, and give the analysis and evaluation of the method of registration of confrontation in China. The fourth chapter is the system value and predicament of movable property registration antagonism, with the above content of the bedding, it founds that the registration of confrontation as a manifestation of the current real right system, although there is an irreplaceable advantage, but also to the theoretical and practical circles have brought unavoidable distress, these troubles are reflected in the confrontationalism of the non-confrontation between the property rights and the absolute theory of property contradiction, the judicial interpretation of the incompleteness has brought practical problems in practice,the right way to take possession of the movable property and possession form a chattel mortgage system of dual public conflict, and triggered a lot of interest confliction between the main righters. The fifth chapter is the system of real estate registration confrontationism perfect. The author puts forward a series of institutional conception for the above problems, such as the dual effect of registration and delivery in the change of special movable property rights, the second occurrence of chattel mortgage, the legal obligation of the mortgagor, the establishment of limited movable property mortgage system and so on in order to eliminate the contradiction and conflict and construct a harmonious civil law system for the purpose of proposing a series of theoretical and practical dilemmas , a relevant path of the change of the right.