Study On The Change Of Ownership Of Motor Vehicles In China

Withthe increasing expansion of the motor vehicle trading market,the problems in the motor vehicle trade are complex,and the research on the ownership change of motor vehicles is of far-reaching significance.The first chapter of this paper,the plight of the change of ownership of motor vehicles in judicial practice is expounded in the form of case study."Property law" twenty-fourth only clear the registration of motor vehicles as a real change in the fight against the elements,and when it comes into force did not mention.Due to the different understanding of the relevant provisions of the court,similar cases made a diametrically opposite judgment.In this chapter,through the introduction and analysis of the case of the transfer of ownership of motor vehicles,this paper draws up the practical disputes on the transfer of ownership of motor vehicles: 1.The entry into force of motor vehicle ownership is unknown.2,the transfer of ownership of motor vehicles applicable to bona fide acquisition disputes.The second chapter is the discussion of the entry into force of the vehicle ownership change mode.There are three different understandings of the effective elements of the "property law",which are the twenty-fourth kinds of understanding,namely,"delivery","registration theory" and "consensus theory"".This article is in favor of "delivery",on the one hand carry out the principle of autonomy of civil law,in order to deliver as effective elements of motor vehicle real right alteration,will decide whether the registration submitted by the parties themselves,and in accordance with the civil law responsibility principle,the adverse consequences of unregistered by the parties themselves;as a result of such special action the production of high economic value,in order to protect the security of transactions,the law will also register as the publication method.Then the "delivered the commencement + registration confrontation" mode of a one-time sale of motor vehicle in the judicial practice and a type of product sold to two of that in the delivery mode can be achieved on the interpretation of the successful.The third chapter mainly discusses the question of whether the goodwill acquisition can be explained by the theory of bona fide acquisition.The theoretical basis of the bona fide acquisition system is the principle of public summons and public trust,which can be used to make the assignee acquire the ownership of the vehicle in good faith because of the reasonable reliance on the real estate.Then the paper discusses the types and components of the acquisition of vehicles in the mode of registration antagonism.