A Study On Changes In Motor Vehicle Ownership

With the rapid development of motor vehicle transactions,the problems exposed have become more and more difficult,among which many drawbacks in the change of ownership of motor vehicles need to be solved.Article 224 of the Civil Code stipulates that the change of property rights in movable property shall take effect upon delivery,but Article 225 stipulates that the change of property rights in special movable property such as motor vehicles shall not be opposed to bona fide third parties without registration.Article 225 is a supplementary provision or independent provision of Article 224,scholars have different views on this.In this regard,this article is based on the actual situation in China,using case studies,comparative analysis,value analysis and other research methods,and proposes that China adopts the hybrid model of delivery effect plus registration against,but this model of registration against there are problems such as the application of space in practice,can not protect the security of the transaction,can not explain the effectiveness of registration.In response to these problems,I believe that motor vehicles are movable property in terms of their essential properties,and the number of motor vehicles has increased dramatically in recent years,almost becoming a necessity of family life,so that the change of ownership of motor vehicles can be effected by the same way as general movable property,and the registration on the registration certificate of motor vehicles can only be regarded as the management means of administrative organs,without the effect of change of ownership.At the same time,the scope of bona fide acquisition is clarified,and the rules for the allocation of liability for tort damages in traffic accidents are established.Suggestions for improvement are made from different dimensions in order to enrich and develop the system of change of ownership of motor vehicles in China.The first part of the paper is divided into five parts: the first part is an introduction,which introduces the problem of unclear provisions of the elements of the change of ownership by analyzing several court cases,and also clarifies the significance and methods of this paper;the second part is a comparative analysis of the models of change of ownership of motor vehicles in civil law countries,and identifies the advantages of the formalistic legislative model;the third part is based on the provisions of the Civil Code of China,and combines the relevant theories The fourth part points out the shortcomings of the registration confrontation under the hybridism model in China and explores the root causes,providing ideas for the improvement proposals;the fifth part puts forward reasonable suggestions for the improvement of the motor vehicle ownership change model in China based on the relevant principles of civil law.