On The Change Pattern Of Motor Vehicle Ownership

In the field of real right law,according to the typical standards of classification of objects by modern civil law---physical property,the property can be divided into real estate and real estate,which are given different ways of real right representation and real right alteration.The legal method of classifying the species hiding such a premise,the economic value of real estate is bigger than movable property,and in many cases,the former also concerns the basic living rights of civil subjects,it should be treated with caution.After understanding such a hidden premise,it is not difficult to understand the national civil law in addition to the physical standards as the value of the division of movable property and ereal state supplementary standards,it gives some legal attributes different from movables and physical attributes exceptionally,ship and aircraft are the example.Only for physical attributes,motor vehicle is a typical movable property,but because of its unique identity,which is different from the general chattel,so there exist the possibility of registration.The registration of motor vehicles has been implemented before the adoption of Real Right Law,the relevant laws and regulations in the field of road traffic safety are clearly prescribed without registration of motor vehicles shall not travel on the road,this is due to the need for motor vehicle administration,which does not have any property law significance.With the introduction of Real Right Law,the motor vehicle is included into the scope of special property for the first time.At this time,the registration of motor vehicles has the meaning of the real right change,that is Article 24 of Real Right Law.Under the background of the mode of property disposal of formalism and expressionism,the motor vehicle has not obtained the special legal status which is different from the general movable property.Therefore,the real right law of this form of motor vehicles can be described as unique.Because article 24 of Real Right Law is not a complete legal norm,it leads to some different views on the way of ownership transfer of motor vehicles,the focus of the debate is that the changes in the ownership of motor vehicles caused by legal acts are the elements of the entry into force and the elements of confrontation,the views of scholars are summarized as Contract entry into force and Registration confrontation and Delivery effect and Registration confrontation.The difference between the two views on the effective elements in the change of ownership of motor vehicles is the consensus transfer of ownership or transfer of motor vehicle ownership.Different from general chattel ownership changes,delivery can only effect the vehicle ownership changes between parties,only the completion of the transfer of ownership can be registered against the third party confrontation,otherwise third people can form negative right.Objectively speaking,the third party with the prior assigner has a competitive relationship with the same motor vehicle,general creditors may not claim that the first motor vehicle transactions have no legal effect on themselves on the grounds that the transfer registration of motor vehicles has not completed.On the subjective side,the third person need be in good faith and no major fault,what’s more,such trust can only be negative trust.Under the system of registration confrontation,registration is not the effective requirement of ownership change,registration books often exist with the real state of rights,and the foundation of credibility must be based on the ability of publicity to represent the right of high degree of right.Due to changes in ownership of motor vehicles with two ways of publicity,and transfer registration is not compulsory duty,therefore,the phenomenon of delivery and registration in the same motor vehicle transaction belong to different civil subjects would happen.Article 50 of Tort Liability Law and article 10 of Explanation by Supreme Court on Hearing Sale Contracts Disputes consider that delivery has precedence over Registration.According to article 24 of Real Right Law,delivery is a necessary and sufficient condition for the change of ownership of motor vehicles,and registration is only a confrontation.Obtaining the ownership of the vehicle through the delivery is the precondition of the confrontation,so in terms of formal logic,delivery has precedence over Registration.However,this kind of formal logic deduction actually causes this outcomes which valuing delivery and despising,this is contrary to the original intention of the Real Right Law as a special movable property and the introduction of the registration system,what’s more,it increasing the cost of relief for the infringed in the traffic accident.When dealing with the conflict between delivery and registration,we should not rigidly adhere to the formal logic deduction,but should embark from the legislative purpose of article 24 of Real Right Law,to protect the registered interests of the civil subject of the motor vehicle registration.That is to say,we should select the rules of registration superior to the delivery in the event of a conflict between registration and delivery,so as to force the transfer registration in motor vehicle transaction,and improve registration accuracy.In addition,with the help of legislative opportunity of Civil Code to change the current mixed mode of ownership transfer completely,we can adopt delivery effectiveness or register effectiveness,to end the state of the owner of motor vehicle does not conform to the register.