我国机动车所有权变动研究
发布时间：2018-08-26 11:07
【摘要】：我国《物权法》第24条将机动车与船舶、航空器等所有权变动作出统一规定,对此规定,学界和司法实务界存在不同的理解,争议颇大。尽管2012年最高人民法院《关于审理买卖合同纠纷案件适用法律问题的解释》第10条试图对此予以进一步明确,但该问题亦未得到彻底解决。基于此,本文在已有研究基础上,专门针对机动车所有权变动进行探讨,以期对我国机动车所有权变动模式的立法本源与本意予以“拨乱反正”之厘清,从而在揭示机动车所有权变动模式之本质的基础上,化解理论问题与争议,提出完善我国机动车所有权变动模式的立法建议,并为机动车交易实践提供符合实践本身的理论指导。全文除了引言与结论部分,共由五章构成：第一章,具体剖析机动车所有权变动的基本理论。具体包括：对机动车所有权变动相关的概念予以界定,为本文下一步的研究奠定基础；对机动车所有权变动的样态予以分析,并根据机动车所有权变动发生的原因,将机动车所有权变动分为基于法律行为发生的变动和非基于法律行为发生的变动；对机动车所有权变动的理论基础即物权行为理论和债权行为理论予以阐释,并寻求机动车所有权变动制度本身所追求的应然价值。第二章,比较考察机动车所有权变动的立法模式。从比较法的角度,分别考察了意思主义模式与形式主义模式,并具体对机动车所有权变动的规定予以分析,为后续我国机动车所有权变动模式的重新选择提供理论素材和立法经验。第三章,评析与反思我国现有的机动车所有权变动模式。在对我国《物权法》关于机动车所有权变动模式的规定予以评析的基础上,明确了机动车登记与机动车所有权变动无关,机动车所有权变动而未登记的,只是影响或者不产生所有者的“车籍权”。机动车本质上属于动产,其所有权变动理应采交付生效的债权形式主义立法模式。第四、五章,分析了我国机动车所有权变动重新选择后的效应体系。笔者分两章对我国机动车所有权变动所涉及一些基本问题以及边缘性问题予以探讨,以期为完善我国机动车所有权变动相配套的制度体系提供理论依据。
[Abstract]:Article 24 of the Real right Law of our country provides uniform regulations for the change of ownership of motor vehicle, ship, aircraft, etc. There are different understandings between the academic circles and the judicial and practical circles, and there is a great deal of controversy about this provision. Although Article 10 of the Supreme people's Court in 2012, "interpretation of the legal issues applicable to the hearing of disputes over sale and purchase contracts", attempts to further clarify this issue, the problem has not been thoroughly resolved. Based on this, this paper, on the basis of existing research, specifically discusses the change of motor vehicle ownership, in order to clarify the legislative origin and intention of the mode of motor vehicle ownership change in China. On the basis of revealing the essence of the motor vehicle ownership change mode, the paper resolves the theoretical problems and disputes, and puts forward some legislative suggestions to perfect the motor vehicle ownership change mode in China. It also provides theoretical guidance in accordance with the practice itself for motor vehicle trading practice. In addition to the introduction and conclusion, the thesis consists of five chapters: chapter one, the basic theory of motor vehicle ownership change. It includes: to define the concept of motor vehicle ownership change, to lay a foundation for the next research, to analyze the change of motor vehicle ownership, and according to the reasons of motor vehicle ownership change. The change of motor vehicle ownership is divided into the changes based on the legal act and the change based on the non-legal act, and the theoretical basis of the change of the ownership of the motor vehicle, namely, the theory of the act of real right and the theory of the act of creditor's rights, is explained. And seeks the motor vehicle ownership change system itself pursues the ought value. In the second chapter, the legislative model of motor vehicle ownership change is compared. From the point of view of comparative law, this paper investigates the mode of intention doctrine and formalism, and analyzes the regulation of the change of motor vehicle ownership. To provide theoretical material and legislative experience for the re-selection of motor vehicle ownership change mode in China. The third chapter analyzes and rethinks the existing mode of motor vehicle ownership change in China. On the basis of the analysis of the regulations on the mode of motor vehicle ownership change in the property Law of China, it is clear that the registration of motor vehicle has nothing to do with the change of ownership of motor vehicle, and that the change of ownership of motor vehicle is not registered. It only affects or does not produce the owner's "car registration right". Motor vehicle belongs to movable property essentially, its ownership change should adopt the legislation mode of creditor's rights formalism. The fourth and fifth chapters analyze the effect system after the change of motor vehicle ownership in China. The author divided two chapters into two chapters to discuss some basic problems and marginal problems involved in the change of motor vehicle ownership in China in order to provide theoretical basis for perfecting the corresponding system of motor vehicle ownership change in China.
【学位授予单位】：大连海事大学
【学位级别】：博士
【学位授予年份】：2015
【分类号】：D923.2
[Abstract]:Article 24 of the Real right Law of our country provides uniform regulations for the change of ownership of motor vehicle, ship, aircraft, etc. There are different understandings between the academic circles and the judicial and practical circles, and there is a great deal of controversy about this provision. Although Article 10 of the Supreme people's Court in 2012, "interpretation of the legal issues applicable to the hearing of disputes over sale and purchase contracts", attempts to further clarify this issue, the problem has not been thoroughly resolved. Based on this, this paper, on the basis of existing research, specifically discusses the change of motor vehicle ownership, in order to clarify the legislative origin and intention of the mode of motor vehicle ownership change in China. On the basis of revealing the essence of the motor vehicle ownership change mode, the paper resolves the theoretical problems and disputes, and puts forward some legislative suggestions to perfect the motor vehicle ownership change mode in China. It also provides theoretical guidance in accordance with the practice itself for motor vehicle trading practice. In addition to the introduction and conclusion, the thesis consists of five chapters: chapter one, the basic theory of motor vehicle ownership change. It includes: to define the concept of motor vehicle ownership change, to lay a foundation for the next research, to analyze the change of motor vehicle ownership, and according to the reasons of motor vehicle ownership change. The change of motor vehicle ownership is divided into the changes based on the legal act and the change based on the non-legal act, and the theoretical basis of the change of the ownership of the motor vehicle, namely, the theory of the act of real right and the theory of the act of creditor's rights, is explained. And seeks the motor vehicle ownership change system itself pursues the ought value. In the second chapter, the legislative model of motor vehicle ownership change is compared. From the point of view of comparative law, this paper investigates the mode of intention doctrine and formalism, and analyzes the regulation of the change of motor vehicle ownership. To provide theoretical material and legislative experience for the re-selection of motor vehicle ownership change mode in China. The third chapter analyzes and rethinks the existing mode of motor vehicle ownership change in China. On the basis of the analysis of the regulations on the mode of motor vehicle ownership change in the property Law of China, it is clear that the registration of motor vehicle has nothing to do with the change of ownership of motor vehicle, and that the change of ownership of motor vehicle is not registered. It only affects or does not produce the owner's "car registration right". Motor vehicle belongs to movable property essentially, its ownership change should adopt the legislation mode of creditor's rights formalism. The fourth and fifth chapters analyze the effect system after the change of motor vehicle ownership in China. The author divided two chapters into two chapters to discuss some basic problems and marginal problems involved in the change of motor vehicle ownership in China in order to provide theoretical basis for perfecting the corresponding system of motor vehicle ownership change in China.
【学位授予单位】：大连海事大学
【学位级别】：博士
【学位授予年份】：2015
【分类号】：D923.2
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