Rules for the transfer of ownership of movable property

Rules for the transfer of ownership of movable property

1. According to the provisions of the Civil Code, one of the signs of the transfer of chattel ownership is the delivery of chattel, and the establishment and transfer of chattel property rights take effect upon delivery, unless otherwise stipulated by law.

2. The establishment, alteration, transfer and extinction of the real right of ships, aircraft and motor vehicles shall not be opposed to bona fide third parties without registration.

3. The delivery methods of movable property mainly include the following aspects:

(1) Simple delivery. Before the establishment and transfer of the real right of movable property, if the obligee has occupied the movable property, the real right will take effect when the civil juristic act takes effect.

(2) instruction delivery. Before the establishment and transfer of the real right of movable property, if a third person occupies the movable property, the person who has the obligation of delivery may replace the delivery by transferring the right to request the third person to return the original property.

(3) When the possession is changed and the real right of movable property is transferred, if the parties agree that the transferor will continue to possess the movable property, the real right will take effect when the agreement takes effect. The difference between real estate ownership transfer and movable property ownership transfer

The difference between real estate ownership transfer and movable property lies in whether registration is required to take effect. Movable property takes effect when it is delivered directly, but takes effect when it is registered and publicized. Based on this principle, if the subject of movable property changes, it should be transferred in time and handed over to the new obligee. If the subject of real estate rights changes, it shall register with the corresponding administrative department in time, and record the new name of the subject of rights in the register. At this point, the change of real right is completed, otherwise, it has no effect of real right change.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 224 The establishment and transfer of the real right of movable property shall take effect upon delivery, except as otherwise provided by law.

Article 225 Effectiveness of Registration of Special Movable Property The establishment, alteration, transfer and extinction of the real right of a ship, aircraft or motor vehicle shall not be opposed to a bona fide third party without registration.