论机动车登记与物权变动.pdf

Abstract In recent years, as Chinas economic development, the motor vehicle more widespread, but motor vehicle registration and property change legislation is flawed, resulting in motor vehicle transactions have a lot of urgent legal settlement of disputes。In daily life, people change the way there are some misunderstandings vehicles Property is generally believed that the vehicle ownership certificate is driving license, vehicle ownership transfer to go through the Registrar, this misconception is forced by the country due to motor vehicle registration system. According to the 2007 introduction of the Property Law, legislators vehicle classified as chattel property ownership but the general public is a way to deliver and vehicle is unique, legislators considered insufficient to protect public power delivery vehicle with a larger value , but the use of real property registration system in order to protect their way of protection, not suited to todays frequent trading vehicle business reality. So in legislation, changes in mode of a motor vehicle with a creditor Real formalism and registration antagonism combination of legislative model, legislators think so either make motor vehicle transactions convenient and can play an effective protection of motor vehicle safety purposes . But this legislation has produced a series of theoretical and practical issues. In theory, the way for the entry into force effectiveness and chang