Registration and the Transfer of the Real Right of Special Personal Property Commenting on Article 24 of the Real Right Law of China and Article 10(4) of the Judicial Interpretation of Contract of Sales
QU Lingmi
Abstract
QU Lingmi
Abstract
is the requirement of validity of the real right change of special personal property,registration just make the real right to get the conditions to fight against a third person in good faith. In the transfer of the real right of special personal property,registration does not contribute the transfer of real right,the reason why registration can fight against a person in good faith is because the buyer gets the real right based on delivery. Registration without the foundation of real right does not have a confrontation forces,it just produces a claim. Delivery enjoys priority registrationis a wrong title to the article 10( 4) of the Judicial Interpretation of Contract of Sales. Item 4 just repeats real rights to enjoy priority to the creditor's rights.
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is the requirement of validity of the real right change of special personal property,registration just make the real right to get the conditions to fight against a third person in good faith. In the transfer of the real right of special personal property,registration does not contribute the transfer of real right,the reason why registration can fight against a person in good faith is because the buyer gets the real right based on delivery. Registration without the foundation of real right does not have a confrontation forces,it just produces a claim. Delivery enjoys priority registrationis a wrong title to the article 10( 4) of the Judicial Interpretation of Contract of Sales. Item 4 just repeats real rights to enjoy priority to the creditor's rights.
Key concepts: Good faith, Interpretation (philosophy), Real property, Creditor, Law, Property rights, Exclusive right, Property (philosophy)