论特殊动产物权变动的生效与对抗

The Changes of Real Rights of Special Movables and Registration Antagonism

在特殊动产的物权变动规则中,交付和登记的效力归属不够明晰,在发生冲突的情况下无法确定标的物所有权的归属。交付作为物权变动生效要件的观点已被大多数学者接受。但登记包含的让与合意也能够使其成为特殊动产物权变动的生效要件。同时,在两者发生冲突的情况下,由于交付在物权变动中的效力受到限制,登记能够优先于交付取得物权。

The pattern of registration antagonism which govern the changes of real rights in special movables has made some difficulties with discerning the different legal effects caused by registration and delivery, especially when they are in conflict. The view that the delivery shall function as an efficient element when the ownership of the special movables is changed has been accepted by most scholars. In addition, the registration which involves the mutual assent of delivery also entitle to make the real rights changed. In addition, the registration shall prevails over delivery to obtain the real rights of special movables when they are in conflict since the legal effects of delivery performing in the process of changes of real rights has been restricted.