机动车交易中的物权变动

Ownership Transfer in Vehicle Trade

机动车交易中涉及的所有权何时变动,在我国司法实践中历来认为以办理过户手续为准。这种 认识是不合适的,因为这种认识不符合世界上通行的物权变动制度,也不符合机动车的动产特 性。世界上通行的物权变动制度是动产以交付为准、不动产以登记为准,我们也应确立这样的物 权变动制度。

The acknowledgment of the time of ownership transfer in vehicle trade, in Chinese judicatory practice, has long been governed by the change of the name of owner in a registry. This acknowledgment is not appropriate because it is identical with neither the current universal ownership transfer rules and regulations nor the chattel characteristics of vehicles. The current ownership transfer rules and regulations set it as the criterion that the transition of chattel ownership is acknowledged by the time of the deli very while the estate by the time of registry Such criterion should be set up in China as well.