A Study On Registration Confrontation System Of Special Movables In China

Unlike the general chattels,special chattels as of ships,aircraft and vehicles usually involve in higher values,which are not applicable in the changes of property rights as the ordinary ones.Additionally,it's inconveniently transferable likewise the immovable due to its large volume.Therefore,in order to ensure that the special movable property is sufficiently safe and secure during the transaction process,the legislator of our country has creatively proposed a change model that combines the right of real property and movable property,following the traits in which movable property delivery takes effect.Registration becomes a counter requirement.It not only can facilitate the maintenance of transactions,but also ensure the stability of the transaction process.However,it led a contradiction between the rule of the special movable property's counter requirements and our civil law system.So how to understand the effects of registration? How to identify bona fides third party? And how should this rule be applied in judicial practice? This paper will discuss from three parts.In the first part,the author tries to introduce the general principle of the rules for registration of real right alteration of special movables,absorbs the registration of France and Japan from the view of comparison method,and understands the registration confrontation rule of special movables from the view of legislative technically.In the second part,the author tries to introduce the internal contradiction between the registration confrontation rule of specialmovable property and the civil law system in China,and then shows the application dilemma of this rule in the trial practice by combining with the judicial cases of several local courts.In the third part,the author re-understands the contrary rules of the special property registration in China and tries to make a reasonable explanation and analysis on the applicable situations of the innocent acquisition system and contrary rules of the special property registration in the civil system of the separation between things and debts,in addition,the author also carries on the typified analysis on the ownership of multiple businesses.