Can a declaration be used as a legal basis for the transfer of ownership of a vehicle?

Because the vehicle is movable property, a declaration in the newspaper cannot be used as a legal basis for the transfer of ownership of the vehicle.

According to Article 8 of the Road Traffic Safety Law of the People's Republic of China, the state implements a registration system for motor vehicles.

Motor vehicles can only be driven on the road after being registered by the traffic management department of the public security organ.

and Article 12 In any of the following circumstances, the corresponding registration shall be handled:

1) If the ownership of a motor vehicle is transferred, it is considered that the transfer of ownership of a motor vehicle can only take effect after the change registration has been completed, otherwise only a creditor's right will arise between the buyer and the seller, and will not lead to a change in the property right. But from the twelfth of the traffic law.

1) The literal meaning of the provisions of subparagraph does not clearly stipulate that the ownership of the vehicle can only be transferred after registration, so it should only be understood as a registration carried out by the traffic management department to facilitate the administrative management of the motor vehicle, rather than a condition for the transfer of ownership of the motor vehicle.

The newly promulgated Property Law also clearly stipulates that the creation and transfer of movable property rights shall have legal effect upon delivery. The creation, alteration, transfer and extinction of real rights such as ships, aircraft, and motor vehicles shall not be used against bona fide third parties without registration.

Of course, it can't be published in the newspaper, and the key depends on who buys and gets the car first through legal procedures, because the sale and delivery of motor vehicles is the transfer of ownership. The new High Court Interpretation makes this clear.

Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Sales Contracts

Article 10 Where a seller enters into multiple sales contracts for the same vessel, aircraft, motor vehicle or other special movable property, and the buyer requests the actual performance of the contract under the condition that both sales contracts are valid, it shall be handled separately in accordance with the following circumstances:

1) Where the buyer who received the delivery in advance requests the seller to perform contractual obligations such as going through the formalities for registration of the transfer of ownership, the people's court shall support it;

2) Where the buyer who has not received the delivery and has gone through the formalities for the registration of the transfer of ownership in advance requests the seller to perform contractual obligations such as delivery of the subject matter, the people's court shall support it;

3) Where neither of them has received the delivery nor gone through the formalities for the registration of the transfer of ownership, and the buyer who has established a prior contract in accordance with law requests the seller to perform its contractual obligations such as delivering the subject matter and going through the formalities for the registration of the transfer of ownership, the people's court shall support it;

4) Where the seller delivers the subject matter to one of the buyers, and then registers the transfer of ownership for the other buyers, and the buyer who has already received the delivery requests that the ownership of the subject matter be registered in his own name, the people's court shall support it.

Of course not, when the vehicle is movable property, it is already a transfer of ownership to be delivered to the other party with the intention of selling, and of course it is better to register and transfer.

You don't need to be afraid, in the past, if there was no transfer of ownership, if the car caused an accident, you would have to bear supplementary liability, but now after the Tort Liability Law and the Property Law come out, because the vehicle is movable property, delivery and transfer of ownership, and whoever infringes will be responsible. You don't have any fault, you don't have to be responsible, and you don't have the statement you said, it's meaningless, even if someone else uses this car to do bad things, as long as you cooperate with the ** investigation and explain the situation, it's none of your business, don't be afraid.

Under normal circumstances, the invalidation of the declaration is generally required to be published in newspapers and periodicals at or above the municipal level, but in some cases, newspapers and periodicals will be designated, so it is necessary to ask in advance at the organ that reissued it.

The loss of the newspaper can only be operated on the mobile phone, and the handling process is based on the "running political pass" as an example, and the process is as follows:

If you report the loss, you need to prove that the lost documents are yours and belong to them. You need to provide some relevant information, such as ID card and other personal documents are lost, you need to have a copy of the past, or a household registration book.