Author(s)

Huang Yaodong ¹

Affiliation(s)

¹ Law School, Guizhou Normal University, Guiyang, Guizhou, 550000, China

Corresponding Author

Huang Yaodong

ABSTRACT

Article 225 of the Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") stipulates the rule of "registration antagonism" for changes in the right of special movables such as motor vehicles. Due to the incompleteness of the article, provisions on effective documents for changes in motor vehicle property right, manifestation of registration resistance, the question of the non-antagonistic" third party in good faith" and other issues are not clearly mentioned in the law. Scholars also have different interpretations of this article, to be specific, scholars hold different understandings on the effectiveness of delivery and registration. The author believes that: Real right of motor vehicle should take "delivery" as the effective element for changes in property rights. Meanwhile, the antagonistic effect of registration plays an important role in clarifying the ownership of right of motor vehicle and maintaining the security of transactions. In addition, the scope of the "third party in good faith" should be reasonably limited, and at the same time, the recognition of "goodwill" should adhere to objective standards.

KEYWORDS

Motor vehicle; registration; delivery; third party in good faith

CITE THIS PAPER

Huang Yaodong, The Effectiveness of Delivery and Registration in the Changes of Property Rights of Motor Vehicles. Science of Law Journal (2023) Vol. 2: 61-70. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020708.

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