Research On The Improvement Of The Ownership Change System Of Special Movable Property In My Country

The change of ownership of ordinary movable property in China is subject to delivery.However,due to the characteristics of high value and high risk of vehicles such as motor vehicles,ships and aircraft,Article 24 of the Property Law stipulates that such special movable property shall not confront third parties without registration.The provisions of the Civil Code and Real Right(Draft)published on December 16,2019 have changed to 225,but the content has not changed.Article 10 of the Judicial Interpretation of the Sales Contract and Article 6 of the Judicial Interpretation of the Property Right Law issued by the Supreme Law also provide for the ownership of special movable properties,However,the law does not provide positive requirements for specific real estate changes in special movable properties.There are different viewpoints in theory,mainly including consensus theory,delivery theory and registration theory.Judicial practices also differ on the effectiveness of delivery and registration.Some courts believe that delivery can cause a change in ownership,and some courts believe that registration is the only requirement for a change in ownership.Therefore,the issue of ownership change of special movable property is controversial in theory and practice,and it is necessary to discuss it.This article revolves around the provisions of Article 24 of the Property Law on the change of ownership of special movable properties.The article explains the provisions of this article that are not registered against a third party in good faith by means of system interpretation,purpose explanation,etc.The article analyzes the problems existing in the system of change of ownership of special movable property in China,and discusses the change of ownership of special movable property caused by legal acts in China,in order to achieve the purpose of determining the ownership of special movable property and protecting the interests of the buyers.This article is mainly divided into four parts.The first part discusses the effective requirements for changes in the ownership of special movable property,analyzes different theories,and studies the effectiveness of delivery and registration.It is concluded that delivery is a valid requirement for the change of ownership of special movable property.The second part is to discuss the status quo and existing problems of China's special movable property ownership changes on this basis.There are contradictions in China's legislation regarding the requirements for changes in the ownership of special movable property,and there are also cases in which this determination is inconsistent in judicial practice.The author believes that it is mainly due to the problems caused by the provisions of Article 24 of the Property Right Law.The main reason is that the unregistered rule cannot counteract the impact of a third party on the civil law system in China.Conflicts caused by coincidence,and the unclear ownership of ownership in multiple transactions under the registration countermeasures.The third part studies the extraterritorial legislative model,which mainly includes three models of creditorism,realism and formalism.By comparing the existence of different legislations outside the territory,there is a reference for China's special movable property ownership system.The fourth part proposes solutions based on China's actual situation.The author believes that Article 23 of the Real Right Law provides for changes in the right to movable property since its delivery.Special movable property is also movable property,and the law does not explicitly stipulate special movable property,so delivery is also a valid requirement for the change of ownership of special movable property.As for the provisions of Article 24 of the Real Right Law,the provision for registration of confrontation should be abolished.