Research On The Rule Of Change Of Ownership Of Special Event

The change rules of real right of our country absorbing two main patterns in the world, adopt dual structure of creditor’s right formalism and registration of antagonism creatively. But the article 24 of the Property Law is too brief which raises intense academic controversy and great difficulty of practical application. Especially in 2012, the Supreme People’s Court enacting the Judicial Interpretation of Business Contract, but also make the controversy about change patterns of special movable property more intense.To confirm the ownership of the subject special movable property when thing sold for times, clarify the constitutive requirements of the special movable property’s change rules is necessary. Due to the special movable property adopts registration of antagonism, its real right change pattern on the theoretical model should involve the dual effect of effectiveness and antagonism. So in addition to the introduction, the text is divided into the following three parts to discuss the change rules of the special movable property’s real right when thing sold for times.Part one: Analysis On The Effectiveness of The Special Movable Property’s Exchange. At present scholars mainly put forward contract goes into effect theory, narrow delivery goes into effect theory, registration goes into supplementary effect theory and goodwill registration priority theory. In consideration of the self-consistent and logic ductility of theory system in our civil law, due to Property Law article 24 do not stipulate the requirement of validity, so it should be considered to be used for article 23’s "delivery effect", and a buyer who don’t accept the delivery even if has completed the registration is also not the owner of real right.So the change rules of the special movable property should adhere to the narrow delivery goes into effect theory, that is say only delivery can make the exchange goes into effect but registration can not. Besides,Concept of delivery also shall apply to the special movable property’ exchange.Part two: Analysis On The Antagonism of The Special Movable Property’s Exchange. Current theoretical research is still not enough comprehensive, previously, scholars mainly concentrate on studying the jurisprudence basis of antagonism, then, in recent years, some scholars begin to extend the scope of the study to discuss the range of antagonism. Combined with the existing research results and theoretical innovation, this article will discuss the change rules of the special movable property from the basic theories of antagonism, the subjective and objective standards of the resistant range and the relationship between goodwill antagonism system and goodwill get system.“Without registration shall not be against a third person in good faith" should be rooted in the protection of the trust registration credibility, and this kind of person who can fight the owner of the subject matter should have accepted the delivery and completed the registration as well. In addition, the goodwill antagonism system and the goodwill get system although highly similar, but between the two systems some differences in the scope of application and components still exist, so the two institutions are independent of each other, should not be mixed.Part Three:Evaluation And Improvement Suggestions of The Judicial Interpretation of Business Contract Article 10. According to the above special movable property change rules to review the article 10 of the Judicial Interpretation of Business Contract, we suggest to abandon "registration priority standard", "contract earlier standard",clarify the validity of unauthorized disposition contract,and the “delivery priority standard” also should not be applied absolutely.