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 second-hand 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