The Research Of Special Movable Property's Real Right Exchange In The Process Of Multiple Transactions

Present judges in China prefer to directly quote the paragraph 4,article 10 of Judicial Interpretation of the Contract of Sale enacted by Supreme Judicial Court although there is no specific regulation about multiple transactions of special movable property,during which former purchaser had not actually received subject matters but already finished registration of property rights exchange,while later buyer had only received the delivery of it.However,this article does not actually include the aforesaid condition,so re-examining the position of registration in multiple transactions of special movable property and proposing a effective solution is of utmost significance.The thesis is divided into five parts.The first part of this thesis aims to clarify the notion of multiple transaction of special movable property and then divided it into six different types.Meanwhile this part tries to lead a further discussion about the mentioned situation that one purchaser finishes registration firstly while the others receive delivery,during this discussion,possession reformulation and transferring guarantee should become the priority.The second part is the summary and general analysis of related legal and regulations about the change of real rights during the multiply transaction of special movable property.Nowadays,the main legal basis of this situation is the article 23,24 of the Property Act and the paragraph 4,article 10 of Judicial Interpretation of the Contract of Sale enacted by Supreme Judicial Court.However,countless critical opinions of these insist that these laws do not really include the discussed situation,critical opinions about ignoring later purchasers' subjective factors have existed because of the blindly use of these legals.The third part is the summary of the existing domestic theories.There are three major viewpoints in present theoretical field,the first one claims to accept the sales contract and the real delivery of the subject matters as the beginning of the transformation of the right of special movable property.The second main opinion advocates using delivery as the effective element of transfer of special movable properties' real rights,while treating the registration as the adversarial element.There is also a view that the registration should be given the same status as delivery.The fourth part is the conclusion of overseas legislative experience.The subjectivism of France and Japan as well as the formalism of Germany and Austria are the two main methods.The advanced concept and practical experience can guide the solution to solve the discussed problem in this paper.The last part is the discussion of the improvement methods.The prime one is to give priority rights of some form ought to be given to purchasers who had finished the transfer registration.Meanwhile,an unified system of special movable property ought to be established to replace present decentralized systems.Last but not least,legislator should consider the definition of subjective standard of later buyers' required kindness without any faults,and create a mechanism of punishment as well as compensation.