"And Application about how to determine the vehicle property contract for the sale of transfer of ownership of the reply" understanding

The Ministry of public security on the determination of reply the issue of ownership of motor vehicles

The Ministry of public security on the determination of reply the issue of ownership of motor vehicles

　　The bus duct (2000) No. 98?

The Supreme People's Court Executive office:

　　You do your letter of May 23rd, we reply as follows:

　　According to the existing vehicle registration regulations and the relevant provisions, the registration of motor vehicles for the public security organs, is granted or not granted registration on the road, not the ownership of the motor vehicle registration. In order to meet the needs of traffic management, vehicle management of public security organs for vehicle license plate location, to purchase a car invoice or the people's court judgment, ruling, mediation and other legal instruments vehicle origin by, confirm the motor vehicle owners. Therefore, the public security organs registered owners, should not be used as the basis for identification of vehicle ownership.

　　Hereby reply 2000 year in June 5th

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　　The Ministry of public security on the transfer of vehicle ownership of property of time of the reply

　　　　　　The bus duct (2000) No. 110

The Supreme People's court research laboratory:

　　Your room "on the solicitation the reply letter" (Law (2000) No. 41) has been received, we reply as follows:

　　According to the existing vehicle registration regulations and the relevant provisions, the registration of motor vehicles for the public security organs, is granted or not granted a motor vehicle on road motor vehicle registration, the registration of ownership is not. Therefore, the vehicle management department for the transfer of registration time as the transfer of ownership of motor vehicle property of time there is no legal basis.

 

　　　　Hereby reply

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Reply of the Supreme People's court "about serial purchase a car did not handle the transfer procedures owners whether or not the original motor vehicle traffic accidents responsibility"

(2001) the people He Zi No. thirty-second

The Jiangsu Provincial Higher People's court

You Institute "about serial purchase a car not handle the transfer procedures, the original owners ask" whether to motor vehicle traffic accidents were liable for damage caused by the receipt, the study that: a series of purchase a car did not handle the transfer formalities, as vehicles have been delivered, the original owner or can't control the car business, also cannot benefit from the car in the operation, it is not the original owners deal with motor vehicle traffic accidents responsibility. But a series of purchase a car not to transfer procedures, in violation of the relevant administrative regulations, shall be governed by the provisions of the adjustment.

　　December 31, 2001

 

{} request and reply

The higher people's Court of Jiangsu Province on the purchase a car without asking the serial transfer procedures for the original owners whether or not the motor vehicle traffic accident damage liability and reply

Yang Yongqing

A, cases and cases

Jiangsu Huaian City Intermediate People's court in the trial of Huang Kelin, Cheng even had the traffic accident compensation case, the motor vehicle serial transfer did not apply for transfer procedures, the original owners of the damage caused by the disagreement on whether liability of motor vehicle accidents, request to the Jiangsu Provincial Higher People's court, the Supreme Court of Jiangsu province to deal with the case of differences still exist, and that the case representative, to the Supreme Court, the case is:

In 1993 Huang Kelin bought the car, after the transfer to Lu Chunhua, after he was transferred to Qian Feng, Qian Feng was transferred to Cheng Liansheng, vehicle transfer did not handle the transfer procedures. Huang Kelin transfer vehicle, the relevant procedures in data delivery Lou, and then with the money front agreed, by Qian Feng a year for vehicles to transfer procedures. In 1995, Qian Feng in the name of Huang Kelin, to Chen Lidong's identity card number, address, registration for the new vehicle license plate, (if the money front truthfully fill out the form, the DMV will force transfer). In 1998 March, Cheng even had hired driver vehicle traffic accidents, resulting in Han Ruchun 10 people injured, 26 people were slightly injured, the consequences of damage to vehicles. Cheng Liansheng was unable to bear the full liability.

Two, the Jiangsu High Court opinions

The first kind of advice: do not assume responsibility, the original owners of the reason is: the original owners have been lost to the vehicle control and operation benefit, to the traffic accident was unable to control and prevent the occurrence of fault, no causal relationship with traffic accident vehicle fails to transfer, the main responsibility of traffic accidents shall be governed and from vehicle operation benefit people, namely the vehicle actual owner.

Second views: the original owners should bear the responsibility. The reason is: the old motor vehicle transfer should to the market, because you need to quality status of motor vehicle inspection, and then apply for transfer procedures, the transfer of motor vehicles without quality inspection, resulting in the risk of motor vehicle accidents increase, so the vehicle does not transfer, the original owner should assume corresponding responsibility, to protect the interests of the victims, should owners register of judgments and actual had purchased vehicles per capita take part of the responsibility.

Three, request

On four, the Supreme Court opinions

The core problem of Jiangsu high court asked is: according to the theory to determine who shall bear the liability for motor vehicle traffic accident damage, according to what theory to determine the subject of liability of motor vehicle damage?

From the perspective of comparative law, since twentieth Century, many countries have formulated special laws, such as Germany's "road traffic law" article seventh, Japan's "motor vehicle damage compensation law" article 3 , to determine the subject of liability of motor vehicle damage according to the theory of hazard liability and compensation liability, this is because the modern the industrial revolution, due to the rapid development of industry, leading to all kinds of danger in the society have the stage, these dangerous objects or activities on the one hand because of the existence of a beneficial important to society, so recognized, but on the other hand, it also inevitably cause social harm, operators for these dangerous only danger control and dangerous activities to prevent and reduce. So for these dangerous or hazardous activities students violation of course should be made by dangerous ruler or dangerous activities operators responsible. The so-called risk responsibility.

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Reply about the stolen motor vehicle accident who is liable for damages problem

Interpretation (1999) No. 13

(by the Supreme People's Court on June 18, 1999, the 1069th meeting of the judicial committee shall enter into force as of July 3, 1999.)

The Henan Provincial Higher People's court:

you in the hospital for "a stolen motor vehicle accident after the accident flight who bear the liability for damages" collection. Through research, the following reply:

Motor vehicle accident using theft, cause material losses of victims, the party shall be liable for damages in accordance with the law, all the stolen motor vehicle is not liable for damages. 　

This complex

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The Supreme People's court research on how to identify the vehicle property contract for the sale of transfer of ownership of the reply

(the December 25, 2000 law (2000) No. 121):

You Institute (Shaanxi Provincial Higher People's court) (2000) the high Law No. 50 "on how to identify the" contract for the sale of motor vehicles for the property ownership transfer time of receipt. Through the research, the answers are as follows: about how to determine the vehicle property contract for the sale of transfer of ownership problem, need to make provisions for further study, but the instructions involved in specific cases, should be identified from motor vehicle ownership transfer delivery.

"And Application about how to determine the vehicle property contract for the sale of transfer of ownership of the reply" understanding

The Supreme People's court Wang Zhiping?

In December 25, 2000 the Supreme People's court laboratory made "about how to determine the vehicle property contract for the sale of transfer of ownership of the reply to the Shaanxi Provincial Higher People's court" (Law (2000) No. 121). The reply said, how to define the time transfer of vehicle ownership of motor vehicle sales in the further research on the Supreme Court of Shaanxi Province, but the instructions involved in specific cases, shall be deemed as vehicle ownership transfer from the seller will be delivered to the buyer when the motor vehicle.

For one, the Supreme Court of Shaanxi Province

The Shaanxi Provincial Higher People's court in 2000 April to the Supreme People's court shall submit the "about how to determine the time for the transfer of vehicle ownership of property". The instructions involved in cases of plot is roughly: the plaintiff will be told to the court, the defendant has all of its cars with third people reached a sale and purchase agreement, and in the third car payment will be delivered to third people. Although not to the vehicle management department for the transfer of registration, but third people "to accept the car in the business management of automobile trading market for the trading procedures, and the vehicles of investment operation. The plaintiff, asking the court to take measures for the preservation of property seized the defendant had sold the car. On whether the court can take measures for the preservation of property on the car, produced two views: one view, although the defendant and the third person on the vehicle reached an agreement for sale and purchase and the delivery of the vehicle, but not to the vehicle management department for transfer registration, no effect of business behavior, the vehicles still belonged to the accused, the preservation of property measures the plaintiff is reasonable, the court shall support. Another view was that, even though the defendant or the third party not to vehicles management for transfer registration, but the current laws and regulations are not the provisions of vehicle management registration is the necessary condition for effective vehicle business behavior, since the defendant received third people pay the car and the car was delivered to third people, the car the property right has been transferred to the third person. If the Court seized third cars, it belongs to the seizure of the outsider property, not in conformity with the provisions of the civil procedure law. The court shall not support the plaintiff's request for property preservation.

Two, the current relevant legal provisions of the motor vehicle sales

An automobile motor vehicles belonging to the civil law, also referred to a property. The current law (only refers to the National People's Congress and its Standing Committee to enact laws and administrative regulations formulated by the State Council) on car sale when the ownership transfer without special provisions. The general principles of the civil law seventy-second stipulation: "obtain ownership of the property, shall not violate the provisions of the law. Property obtained in accordance with the contract or other legal means, the transfer of property ownership of the property at the time of delivery, the legal provisions or the parties have agreed otherwise." This article, show that property (including real estate, including the transfer of the ownership of immovable property), if the law does not stipulate or the parties have special without special agreement, transfer of property from the delivery. According to the contract law, the contract of sale is pointed out to sell the ownership transfer of the subject matter to the buyer, the buyer pays the price for it. The ownership of the subject matter does not shift, there is no business behavior. The contract law of subject matter ownership transfer time, complete with the general principles of the civil law of the same provisions. The act of 133rd stipulates that: "the transfer of the ownership of the subject matter target delivery of the object, but the legal provisions or the parties have agreed otherwise." The so-called law otherwise provisions, the law relating to property ownership transfer has two: one is the maritime law, the two law on civil aviation. Maritime Law ninth the provisions of the first paragraph: "acquisition, transfer and extinction of the ownership of the ship, shall be submitted to the ship registration authorities; without registration, may not be against the third person." The Civil Aviation Act fourteenth provisions of the first paragraph: "acquisition, transfer and extinction of the ownership of the civil aircraft, shall be registered with the competent civil aviation authority under the State Council; without registration, may not be against the third person." The two law only stipulates that ship, the ownership of the civil aircraft shall register the change, without registration may not be against the third person, but didn't show, unregistered, is invalid or does not transfer ownership.

Three, the legal meaning of vehicle registration

Motor vehicles shall be registered. In 1988 the State Council issued the "people's Republic of China Road Traffic Management Regulations" seventeenth article: "the vehicle must be after the vehicle management department inspection, receiving plate, driving license, and shall run." Rule eighteenth: "has not received the official number plate, motor vehicle in the driving license, the need to move or test, must apply for a mobile cards, temporary plate, according to the rules of driving." From these Provisions, the registration of motor vehicles for the public security organs, is granted or not granted a motor vehicle on road motor vehicle registration, the registration of ownership is not. Vehicle registration current is only a means of administrative management. "Motor vehicle management measures" (approved by the State Council on January 12, 1960, promulgated in February 11th, has not been abolished) fifteenth stipulates: "a formal license plate and the driving license, the following changes, owned by all people or vehicles units promptly to the local vehicle management authority for registration: 1, turn book: vehicle consists of a province (autonomous district, municipality directly under the central government) transfer to B province (autonomous region, municipality directly under the central government); 2 Changes: a change of registration items of initial inspection. The above registration, such as non present nationality vehicle management authority, the authority shall notify the registered vehicle management office." The only requirements for vehicle "changes" when all people or vehicles owned units should be registered, and no provisions for the registration and sale of the validity of the contract or the vehicle ownership transfer time. The Ministry of Public Security Traffic Management Bureau in November 28, 1990 to the Shaanxi Provincial Public Security Traffic Police Corps made "issued" vehicle resell not transfer problems economic compensation accident that: the transfer of motor vehicle property have special requirements, which must pass through the auto market is owned by all the people or vehicles unit procedures for transfer to the vehicle management agencies, not fulfilling the above two procedures of the transaction, shall be regarded as invalid. The "reply" only that an understanding of Traffic Management Bureau of the Ministry of public security at the time of the transfer of property rights of vehicle. Now, the study, that "according to the existing vehicle registration regulations and the relevant provisions, the registration of motor vehicles for the public security organs, is granted or not granted a motor vehicle on road motor vehicle registration, the registration of ownership is not. Therefore, the vehicle management department for the transfer of registration time as the transfer of ownership of motor vehicle property of time there is no legal basis". (2000 June to reply the Bureau of the Supreme People's court's research laboratory) this kind of understanding, is in line with the provisions of the regulations on road traffic management. In fact, for the vehicle management department registration is not "transfer", but a habit.

Reply four, the Supreme People's court

The Supreme People's court to the Shanghai Municipal Higher People's court "on the implementation of the cases of vehicle registration unit and the actual purchase inconsistent should be how to deal with the problem of" reply in 2000 November ((2000] hold He Zi No. twenty-fifth) that, if we can prove that the vehicle actual investment purchase and register the name is not consistent, "for the case of three motor vehicles should not determine the registration of the name of the owner shall be based on human, and fairness, equivalence, compensation principle, determined to third people all". The answer is actually denied the vehicle management authority registration for ownership registration statement.

Although the law (2000) No. 121 that "the instructions involved in specific cases, should be identified from motor vehicle ownership transfer when delivered", but because the instructions involved in the case did not special, so the law (2000) No. 121 conclusions are not universal significance. Of course, if the new legal provisions on motor vehicle ownership transfer time, in accordance with law.

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The Supreme People's Court on the vehicle carrying case registration unit and the actual purchase people should be how to deal with the problem of inconsistent reply

(2000) holds his No. twenty-fifth

The higher people's Court of Shanghai:

You Institute Shanghai high method (1999) No. 321 "on the implementation of the cases of vehicle registration unit and the actual purchase inconsistent and should consult the" how to deal with the receipt. Through research, the following reply:

In this case the person to be enforced or register the name of Shanghai Fu Long Food Co. Ltd. the name three vehicles does not claim ownership; the third people of Shanghai artificial peninsula Construction Development Co. Ltd. signed an agreement with the commitment expressed their true meaning, there is no transfer of property suspected; and the purchase of third issued by the three cars the accounting vouchers, bank books list, maintenance fee and tax certificate, proof of third for the actual investor, alone on the three motor vehicles possession, use, income and disposition. Therefore, in this case three motor vehicles should not determine the registration of the name of the owner shall be based on human, and fairness, the principle of equivalence paid, determined to third people all. Please, supervise the implementation of court of the three motor car to.

This complex

Supreme People's court

November 21, 2000

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The Supreme People's Court on the purchase of people use installment purchases of vehicles in the transport because of property losses caused by traffic accidents others retained a reply shall not bear civil liability of vehicle ownership

 

The Supreme People's Court on the purchase of people use installment purchases of vehicles in the transport because of property losses caused by traffic accidents others retained a reply shall not bear civil liability of vehicle ownership

　　　(by the Supreme People's Court on November 21, 2000 the 1143rd meeting of the judicial committee)

　　　　　Interpretation (2000) No. 38

Notice of the Supreme People's Court of the people's Republic of China?

"The Supreme People's Court on the purchase of people use installment purchases of vehicles in the transport because of traffic accident causing the loss of property of others, keep out" approval shall not bear civil liability of vehicle ownership, the Supreme People's Court on November 21, 2000 by the 1143rd session of the trial committee, is hereby promulgated, shall enter into force as of December 8, 2000. ?

　　　　Two in 2000 to December 1st

 

Sichuan Provincial Higher People's court:?

You (1999) Institute of Sichuan high Law No. 2 "on the installment, the retained ownership of vehicle sales contract during the transportation of the goods to buy party causes losses to others the use of the vehicle, the seller should bear civil liability for" receipt. Through research, the following reply:?

Take the installment purchase a car, a seller in the purchaser paid car retains the ownership of a vehicle, the purchaser in its own name and to enter into a contract of carriage of goods and the use of the car transport, due to traffic accidents caused by the loss of property of others, the Seller shall not bear civil liability.?

This answer?

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"Motor vehicle" operator alone shall have the right to the people's court

---- Qijiang county court to court Liu Guanghong?

[case] plaintiff Zhang, signed the "contract" and the vehicle management in an automobile company, agreed by Zhang himself wholly buy Freight car two linked to the company, the ownership belongs to the company, Zhang self management, monthly to pay management fees of some. The company for motor vehicle insurance, maintenance fee and other procedures. During the operation the two Zhang trolley, economic disputes with others, resulting in a car being detained. Zhang hold affiliation contract to the court, asked people to return the car to car buckle. And another car as collateral, requires the implementation of property preservation to the defendant. The prosecution of the former, Zhang asked the company name to the owner to the court, is the company refused to.

[dispute] Zhang can prosecute alone in his own name, or to another Guakao vehicles as the preservation of property guarantee two problems arise, the formation of three different views.

The first kind of opinion thinks, "motor vehicle registration of ownership in the company for the company, did not agree to the nominal ownership of the prosecution case, Zhang can not alone in his own name to prosecute. If Zhang suffer loss, can be in accordance with the requirements of the contract, pay compensation at. Zhang also cannot take the property of others as the preservation of property guarantee.

The second view, the motor vehicle registration is not the ownership registration, Zhang is still the two affiliated car owner, in his own name to the court according to the law alone, can also be linked to the car as the preservation of property guarantee.

The third view, Zhang is not the owner. But according to the affiliated contract made Guakao vehicles possession, use, management and the right to return, in his own name to the court, but not to the affiliated vehicles as property preservation guaranty.

[analysis], the owner of a motor vehicle is registered company or Zhang?

(a) motor vehicle registration is not the ownership registration. About the nature of the motor vehicle registration, the judicial practice has been disputed. In November 28, 1990 the Ministry of Public Security Traffic Management Bureau had replied that the transfer of property rights, motor vehicles have special requirements, which must pass through the auto market is owned by all the people or vehicles unit procedures for transfer to the vehicle management agencies, not fulfilling the above two procedures to be, shall be regarded as invalid. The so-called "registration validity doctrine".

In fact, the motor vehicle registration is not the ownership registration. The reason is, China's general principles of civil law and contract law provisions, the transfer of ownership with the delivery of the subject matter and the transfer, unless the law has special provisions. In generally, the general principle of real right change is immovable property registration, transfer, chattel to delivery for transfer, motor vehicle as a real estate law, no special provisions, should also be applicable to the transfer of ownership of the principle. From "the people's Republic of China road traffic law" eighth article "state motor vehicle registration system. Motor vehicle is registered with the traffic control department of the public security organ, shall be on the road "also can be seen, the public security organ for the registration of a motor vehicle, motor vehicle on the road only whether or not to approve the registration, no motor vehicle ownership registration. The Ministry of public security in 2004 promulgated the "motor vehicle registration regulations" article seventh and the provisions of article nineteenth, no motor vehicle registration is the meaning of ownership registration.

The Supreme People's court has been holding the motor vehicle registration is not the ownership registration point. "On the implementation of the cases of vehicle registration unit and the actual purchase inconsistent should be how to deal with the problem answer" (2000). He (No. twenty-fifth), "how to define a contract for the sale of motor vehicle ownership of property transfer time of the reply" (Law (2000) No. 121), "about the purchase of people use stage payment of the purchase of vehicles in the transport because of traffic accident causing property losses of retention vehicle ownership shall not bear civil liability replied" (Interpretation (2000) No. 38), "about a serial purchase a car did not handle the transfer procedures, reply original owners whether or not the motor vehicle traffic accidents responsibility" ((2001) the people He Zi No. thirty-second) and other approved as proof.

Ministry of Public Security Traffic Management Bureau later on the viewpoints of the correction, the Bureau in 2000 June to the Supreme People's court Research Laboratory of reply, also believe that "according to the existing vehicle registration regulations and the relevant provisions, the registration of motor vehicles for the public security organs, is granted or not granted for the motor vehicle registration on the road, not the vehicle ownership registration".

Therefore, the owner is not the registration of motor vehicles must be real owner, the real owner must be determined on a case by case basis of motor vehicle.

(two) in the case of motor vehicle according to the affiliation agreement between the parties, shall belong to all the affiliated person. According to Zhang and the company signed the "auto management contract", the two affiliated car ownership belongs to the company, Zhang operate. The contract is the true meaning of the parties, do not violate the law, legitimate and effective.

Therefore, the author thinks that the first opinion in this case "vehicle registration for all of the company to deny Zhang ownership is no legal basis. But the second opinion for failing to heed the agreement of the parties, that ownership still belongs to Zhang is wrong. According to the agreed upon between the parties, the ownership shall belong to the company, without the consent of the owner, it shall not belong to own property as the litigation preservation of guarantee.

Two, it made the car according to the affiliated contract the possession, use, management and the right to return.

Vehicle management refers to the personal investment vehicle has anchored in the name of others, and in the name of others for vehicles to travel documents and operating documents to engage in business activities. The affiliated person to purchase vehicles, from the affiliated person is right after operation, the operating profit, the affiliated person charge management fees, in fact it is the exchange of ownership and management rights.

It discusses the legal nature of this right. Reference to the real right theory of civil law, such rights and usufruct is very similar, but many people think the usufructuary right in immovable property as the subject matter, now published the real law "discussion" (Draft) also provides the usufructuary right only in the realty of someone else. Therefore, establishment, scope the management right not included in the usufructuary right, available is the draft of property law article 259 and article 265 of "possession" provisions of the. Due to the legal real right, the real right law of our country has not yet been promulgated, the current is not to the real right as the foundation of right of claim. So, it is only the right to operate in accordance with the contract and the creditor's rights, the rights were not real as the basis of claim right to protect their legal rights and interests, the principle of relativity should break through debt, introducing "infringement of creditor's rights", the rights of people of their legal rights can be protected, otherwise cannot achieve justice and fair. Therefore, the author believes the case affiliated person according to the agreement made possession, use, management and income right is infringed, "has a direct interest relationship with the case", can be in accordance with the provisions of "Civil Procedure Law" article 108th, in their own name to the court alone.?