Registration Resistance In Special Movable Property Transfer

Article 24 of the Real Right Law deals with the rules of registration confrontation in the change of special movable rights,but this rule itself has many disputes.In the amendment of the Civil Code(draft),the full text of 24 articles has been retained,but since 24 articles are incomplete,it needs to be understood systematically in conjunction with other articles.The Civil Code(draft)has amended its related laws and regulations,causing some changes in the registration countermeasures rules.On the basis of the disputes in Article 24 itself,new changes have been added to make this rule more controversial.In the special chattel registration rule,the requirement for change of ownership is delivery rather than registration.From the interpretation of meaning,system,history,it can be deduced that delivery is the only effective requirement for the change of ownership of special movable property.Under the concept of special movable property,motor vehicles,ships and aircraft should be applied as a whole.The registration of special movable properties does not have an effective effect,the registration only has the effect of counteracting.The registration confrontation is based on the effective delivery.Only when there is an effective change in property rights will the registration produce an antagonistic force.The so-called confrontation refers to the conflict between the rights of a real right person and a bona fide third party.Regarding the relationship between registration confrontation and bona fide acquisition,the bona fide acquisition system has shown a strong vitality and overruled the registration confrontation rules.At present,special movable property can apply both the registration confrontation rules and the bona fide acquisition system.However,the basic theory of registration confrontation is the same as the basic theory of the bona fide acquisition system,both of which are credibility theory.Therefore,the two systems overlap on the theoretical basis,and these two systems have the applicable requirements of "no right to dispose" and "delivery into effect" It is the same,and judicial practice also tends to use the goodwill acquisition system.The registration confrontation in the transfer of collateral,because of the amendment of the Civil Code(draft),has caused many changes to this system.Before the amendment of the law,regarding the registration confrontation in the transfer of mortgaged property,the registration of the special movable property will have different confrontation effects,and then determine whether the mortgage right is extinguished.However,after the amendment of the law,the registration of special movable properties will not affect the existence of mortgage rights,and the registration is no longer effective.The registration confrontation in the transfer of collateral has been dying,which also reflects the weakness of the registration confrontation rule itself.And the registration confrontation in the lease of mortgaged property was deleted after the amendment of Article 190 of the Real Right Law on the registration confrontation,but from the perspective of system interpretation,this rule still exists and the effect is the same as before.These changes also reflect the division and inconsistency of the registration countermeasure rule in Article 24 of the Property Law.