Research On The Rules Of Real Right Changing In Multi-Transaction Of Special Movable Property

With economic development,cars,ships,aircrafts and other special movable properties as well as their transaction disputes are rising in people's life.And the transaction rule of special movable is the most important solution of those disputes.Article 1 and article 9 of Real Right Law of China clearly stipulate for the transaction of immovable and movable properties,and they respectively stipulate registration and delivery is entry-into-force condition,unless otherwise stipulated by the law.The statement of special movable in article24 is vague as it stipulates that “being against with any third party is not allowed without registration”,and provides no clear entry-into-force conditions of property transaction.Exception of article 23 and ambiguity of article 24 have left huge space in understanding them,which leads to a large number of cases under non-uniform rules.They have reduced the safety and efficiency of movable transactions.In order solve the problem,the Supreme People's Court published Interpretation of the Supreme People's Court on Issues Concerning the Application of Law for the Trial of Cases of Disputes over Sales Contracts on May 10,2012,and the article 10 specified the principle of “delivery makes effect,and registration makes resistance” on special movable.It has not reduce the disputes but promoted the discussion about the transaction rule of special movable in law circles.Based on this,this paper tries to make the most reasonable explanation of the rules of special movables changing in China through the analysis of the theories and the model of property rights changing.At the same time,it also analyzes the relevant issues,basing on article 10 of Judicial Interpretation on Sales Contract,in order to solve the existing problems and improve the system.Four chapters are used to discuss the rules and related issues of property rights changing in multiple sales in China.Chapter 1 Introduction of Multiple Sales of Special Movables.This chapter begins with the basic problems and defines special movables and their multiple transactions,and points out its legal characteristics.On this basis,the author analyzes the causes of multiple transactions of special movables from the perspective of economics and law.Chapter 2 Investigation on the Change of Special Movables inDifferent LegislativeModes.This chapter analyzed the doctrine of mean,the real right formalism and multiple sales of special movables under creditor formalism,basing onthe legislation of real right change mode,and then clarified property right changing rules in different modes.The mode of meaning determines transaction of real right according to the agreement of creditor's rights,regarding delivery and registration as counter requirement rather than entry-into-force conditions.In the formalism mode of property right,the change of property rights should be accompanied by three elements,the agreement of creditor's right,the agreement of real right,and delivery and registration.The creditor's formalism claims that the change of property rights is based on valid creditor's rights,and the registration is essential condition of special movables real right changing.Chapter 3 Analysis of Real Right Changing of Special Property in Multiple Sales in China.This chapter firstly analyzes the legislative status quo of the change mode of special movables in China,and points out that the provisions of article 24 of the Real RightLaw are not clear.Because of its inaccuracy,there are different understandings and controversies in the academic world.This chapter expatiates on various points of view,analyzes its essence,and summarizes the viewpoints.Chapter 4 Improvement in changing mode of special movables in multiple sales in China.This chapter clarifies the effective requirements for the change of special movables and analyzes its reasons.This chapter makes a further explanation of the Agreement Theory,and ensures the safety of trade through registration antagonism.Based on this,it specifies the scope the third party by defining a bona fide third party who have good faith acquisition.At the same time,it provides feasibility and logicality of the theory by discussing the cases of properties being sold twice.