The Identification Of The "Bona Fide Third Party" In The Property Right Transferring Of Motor Vehicles In Our Country

In the second-hand car transaction,if the purchaser pays the reasonable consideration to the seller,completes the delivery of the car but doesn't complete the registration of ownership transferring,the owner shown on the registration will be different from the actual occupant.If so,what the right is the purchaser entitled? Whether the purchaser's such right can confront the other creditor? Whether the other creditor can get the ownership from the purchaser who has already occupied the car on the legal position as “bona fide third party” according to Article 24 of the Property Law and Article 6 of the Interpretations of the Supreme People's Court on Several Issues concerning the Application of the Property Law I? From current judicial cases,the judgments for the similar cases are different because there is no express and uniform standard to recognize the “bona fide third party”.This thesis tries to comb and summarize an identification standard of “bona fide third party” via discussion on the subjective standard of “good faith” and the objective scope of “third party”.According to this thesis,when recognizing the “bona fide third party” in the transferring of the ownership of motor vehicle,from the objective scope,the subject of following three kinds shall be excluded:(1)the subject and the universal successor of the subject;(2)the “third party” which can be confronted definitely although the registration hasn't been done;(3)the “third party” without “good faith”.From the subjective,although the most important criteria is whether the “third party” is “knowing or shall know”,due to the complexity and diversity of the legal relationships caused the ownership transferring of motor vehicle,when identifying whether the “third party” is “good faith”,it shall base on the specific situation,under the Property Law,and combine the nature of ownership,nature of creditor,reason for encumbrance etc.to make a customized analysis and judgment.In addition,this thesis reveals two problems demanding prompt solutions:(1)the identification standard of “bona fide third party” under artificial delivery;(2)the protection for the interests and rights of involuntary creditors.