Research On The Change Rules Of Special Mobility In China

In the accurate sense,the term "special movable property" is not a legal concept.It is a collective term for the movable property of the civil law theory community,such as ships,motor vehicles and aircrafts.For special movable property,Article 24 of the Property Law of the People's Republic of China stipulates the registration confrontation rules.In addition,some single laws and other regulations together constitute the rules for the change of China's special movable property.At present,the mainstream view in China's legal theory and judicial practice is that the rules for the change of special movable property is “delivery effective + registration confrontation”,which is a mixture of the two major legal system.However,the coexistence of registration and delivery of binary publicity has led to many theoretical disputes and practical difficulties.The duality of special movable property is facing many difficulties in our country.First,there are internal conflicts between the rules.Article 24 of Property Law of the People's Republic of China clearly stipulates that the change of the unregistered special movable property is not antagonistic.However,the provisions of judicial interpretation are definitely given delivery priority in multiple transactions and good faith acquisitions.In fact,it constitutes an affirmation of the unregistered property rights,and weakens the effectiveness of registration,putting the registration in an awkward position.Both the registration confrontation rule and the good faith acquisition system have the purpose of protecting transaction security,and there is a certain overlap in function between the two.Second,the application of rules in judicial practice has a dilemma.The special movable property ownership transfer standard,the unregistered property rights can be against the third party,and the court has inconsistencies in different cases.Finally,the theoretical controversy continues.At present,there are three views on the change rules of special movable property in the legal theory,consensus("commitment effective + registration confrontation"),delivery("delivery effective + registration confrontation" and simple delivery),registration(registration also effective and simple registration).Scholars have demonstrated the rationality of their views from different angles.The emergence of the above dilemma is ultimately attributed to the unclear understanding of the three pairs of relationships,namely,the relationship between the registration of the civil law system against the two-point debt,the relationship between the registration confrontation and the public credibility,and the relationship between the registration confrontation and the system of good faith acquisition.The clarification of the theoretical dispute relationships is of great significance to the improvement of China's special movable property change rules.The registration of the civil law system that counters the impact of material debts is incompatible with China's property rights system.The existence of dual publicity poses a challenge to the principle of public trust.The special movable property registration confrontation rules appear dilemma and need to be reflected and reconstructed.The registration confrontation began in France,which began with the pattern of change in the meaning of property rights.There is no major controversy under the France pattern.But with the introduction to China,there are a series of problems.The establishment of the special movable property delivery effective in China has its institutional value and feasibility.More in line with China's property law system and also can break the status quo of binary publicity.With the continuous development of the economy and society,the "speciality" of special movable property is gradually weakening.The purpose of the registration confrontation rule is to protect the security of transactions.The security of transactions under the effective delivery can be protected through a system of good faith acquisition.