Research On Changing Mode Of The Ownership Of Motor Vehicles In China

Since the enacting and implementation of Property Law in 2007,the controversy over the pattern of changes in the ownership of motor vehicles has been constantly debated.The main reason is that Article 23 of the Property Law stipulates that the creation or transfer of the real rights of a movable takes effect upon delivery,and the forthcoming Article 24 stipulates that the changes of the real rights of any vessel,aircraft,or motor vehicle,etc.may not challenge any bona fide third party if it is not registered.Article 24 is an independent provision in relation to Article 23,or is it a further extension?The result of different explanations are the different choice of the mode of ownership change of motor vehicles in our country.Some scholars think that the above two legal provisions are independent of each other.Therefore,the change of ownership of motor vehicles in our country is the legal model of Credit Autonomy of the Will.Some scholars think Article 24 is an extension of Article 23.The change of ownership of motor vehicles in China is still based on delivery effectiveness,but the registration antagonism,belonging to the mixed mode of changes in real rights.Through comparative analysis,textual interpretation and system explanation,the author concludes that our legislation is a mixed model of changes in the ownership of motor vehicles.However,this model has some shortcomings such as logic chaos.Therefore,it should adopt the formal model of Credit Autonomy of the Will.In addition to the introduction,this paper has four parts.First of all,this paper introduces the legislative model of the changes of motor ownership in representative continental countries(regions).Secondly,this paper introduces the legislative status quo and the related theories of the changes of ownership of motor vehicles in China,and analyzes the legislative mode of the changes of ownership of motor vehicles in China.Thirdly,it analyzes the drawbacks of the changing pattern of motor ownership in our country and the root causes of its deficiencies.Finally,suggestions are put forward to improve the changing mode of ownership of motor vehicles in our country.