特殊动产物权变动的公示方法
王利明特殊动产物权变动的公示方法
Publication Methods of Variation of Real Rights of Special Movable Properties
期刊名称：《法学研究》
期刊年份：
作者：王利明
单位：中国人民大学法学院
中文关键词：特殊动产;物权变动;公示;登记;交付
英文关键词：special movable property;variation of real right;publication;registration;delivery
中文摘要：
关于船舶、航空器和机动车等特殊动产的物权变动，可以采取登记或者交付的公示方法。此类特殊动产的物权变动采登记对抗主义，并非意味着交付的效力优先于登记。相反，交付后如未经登记，不得对抗善意的登记权利人。在特殊动产的物权变动中，尤其是在特殊动产一物数卖的情况下，登记应当优先于交付。
英文摘要：
The variations of the real rights of special movable properties, such as vessel, aircraft or motor vehicle, etc., are subject to the doctrine of optional registration. It means that such real rights can be transferred between transferors and transferees either by the alteration of their registrations or by the delivery of the movable properties. Given no third party, the remaining registration of the transferor cannot challenge the validity of delivery. This, however, cannot be held true if bona fide third party is involved. Rather, the validity of delivery to transferee that has not been registered may not challenge any bona fide third party who has already registered. In circumstances in which a transferor has promised to multiple transferees separately, the validity of registration is prior to that of delivery.However, Article 10 of the judicial interpretation on the sale contract by the People's Supreme Court in 2012 holds that, the validity of delivery is prior to that of registration in the variations of the real rights of special movable properties, which will not only do harm to the explicitness of the real rights of special movable properties, but also conflict with the related provisions of the Real Right Law, and needs to be perfected by future revision.
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