On Article24of Real Right Law

In continental law family, code reflects the degree of rationality, and is endowed with much significance. However, code is not all. Even the most perfect code is of some flaws, and cannot properly solve all the issues in the changing society. Rule of law ultimately lies in each case. There will be no community justice if individual fairness is damaged. To realize justice in each case, the law itself is important, but the interpretation of the law may be of more significance. Therefore, the study on legal interpretation is popular after a code is made.Article24of Real Right Law is about change of real rights to the special movable. The35-word article abstractly establishes the doctrine that registration can make the change be enforced against third parties. About the article, many issues rise on the alteration of the special movable and the scope of third parties. Article10of Explanation by Supreme Court on Hearing Sale Contracts Disputes does not wipe out all the controversy, but provokes more doubts. This paper, which is expanded from the perspective of legal explanation, will study the35words in order to promote the research.In addition to the Introduction and Conclusion, this paper consists of four chapters:The First Chapter:Scope of Application. The chapter briefly introduces the real rights of the especial movable in Real Rights Law of China. The usufruct of the special movable is not provided by law, the mortgage and pledge are respectively prescribed in Article188and Article212. Therefore, the main problem Article24focus on is the alteration of ownership.The Second Chapter:Pattern of Alteration of Real Rights. This chapter, which focuses on the efficacy of delivery and registration, can be divided into two parts. The first part studies the two modes:"transfer via contracts+third-party effect by registration"&"transfer via delivery+third-party effect by registration". The paper believes that the latter theory is more persuasive. The second part is about the efficacy of registration:whether the special movable can be effectively alienated upon registration. The paper concludes that registration can only exert third-party effect; otherwise it will violate the mtmerus clausus principle.The Third Chapter:Delivery and Registration. This chapter is about the conflict between delivery and registration. Between a purchaser who gains the possession and another purchaser who enters the public register, which one shall be prior. After discussing the two opinions—"priority of possession"&"priority of registration", the paper probes into the possibility of a third way:one who enters the public register can gain the ownership upon he gains the possession from the purchaser possessing the special movable.The Fourth Chapter:Third parties. The chapter focuses on the study of "third parties". After a brief introduction of third parties in civil law, this part firstly researches third parties in Japanese civil law, the previous theory and the judicial practice in China. Based on these, the paper studies third parties in Article24from the perspective of the abstract theory and classified discussions. In theory, the legislative purpose of Article24is to protect the reliance of third parties. Therefore, those who have no reasonable reliance on registration shall not be protected. In the second part of this chapter, the paper carries out classified discussions to study the specific situations.