摘 : 着社会济快速发展汽车已成社会道路运行工具汽车需求增加导致二手汽车交易日趋活跃
国汽车市场受旧政策理模式影响汽车交易十分混乱诉诸法院案件断增
处理类案件法律界始终众说纷纭
笔者结合承办案件提出汽车交易中存六方面法律问题逐探讨作出观点:汽车买卖办理户手续买卖合生效必备条件未办理户手续认定买卖合效二汽车买卖中物占物权登记相突时应根登记具物权公示效力公信效力保护善意第三利益三汽车买卖未户产权属应具体分析物权变动债权等性问题存标物权效力先债权四关承包营中汽车买卖关系订立合目性质容相关法律法规规定等方面分析类承包营合法成立五汽车牌市场济产物具价值转六认定未户汽车交通事赔偿责体应车辆权属确定应确认运行支配运行利益属者赔偿责体
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关键词 中文 汽车 买卖 法律问题 Abstract With the rapid development of economy cars have become main means of transportation of the day The increasing demand of cars leads to an active tendency of secondhand cars dealing But the old policy and management in cars market of our country make car dealing confusing As a result the cases about cars dealing are increasing People have different opinions of how to deal with such cases According to some cases that I experienced there are legal problems that exist in cars dealing After studying them one by one I present the following opinions 1 Transferring procedures are not the essential conditions of becoming effective of contracts Never consider it ineffective because of not transferring 2 In case of conflict of who owns things and who has the right to register in cars dealing we should protect the third person’s interest out of good will according to effective proofs 3 About the ownership of the untransferred cars we should practically analyze the problems of the change of ownership and equality of creditors’ rights and the effect of ownership should be favored over creditors’ rights if on the same conditions 1 About cars dealing relationship in managing in the form of contract From the aspects of the contracts’ purpose nature content and related laws and rules such kind of contracts can be effective by law 2 Car licenses are the result of dealing in economy life so they can be transferred 3 On judgement about who should be mainly responsible for the compensating for the traffic accident of cars that are not transferred we shouldn’t judge by the ownership of cars but we should judge by who can benefit from the management of the cars 关键词 Auto transaction legal question
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