JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2014, Vol. 27 ›› Issue (6): 28-34.DOI: 10.13766/j.bhsk.1008-2204.2014.0109

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Analysis on "Registration Antagonism" of Aircraft Ownership

Hao Xiuhui1, Wang Xizhu2   

  1. 1. Research Base of Air Law and Policy, Civil Aviation University of China, Tianjin 300300, China;
    2. Law School, Civil Aviation University of China, Tianjin 300300, China
  • Received:2014-03-24 Online:2014-11-25 Published:2014-11-21

Abstract:

Transference of aircraft ownership takes effective after delivery in legislative mode in general. The effect of registration is to act against a third party. But there are different understandings of registration antagonism according to the Civil Aviation Law in China, which can be clarified in the system of law, though the exact meaning of "against" and "third party" is still subject to further discussion. The theory of relative invalidity in Japan accords to the meaning of registration confrontation in the legal system of China. To define the scope of the third party, the Civil Aviation Law of China can learn from the French Civil Code and the Property Law in China to impose more obligations on the legitimacy of the aircraft ownership.

Key words: aircraft ownership, trade order, registration antagonism, relative invalidity, scope of third party

CLC Number: