Can the vehicle be transferred if there is a debt dispute, and can the vehicle be transferred if the

If there is a debt dispute over the vehicle, the debtor's car can be bought and sold, and if it still does not do so, it can file a lawsuit with the court and ask the court to judge the transfer of ownership to the other party. Because it is a legitimate request, the court will support it.

Legal analysis

Lost time pay is determined based on the victim's lost time and income. 3. Nursing fee: The nursing fee is determined according to the income status of the nursing staff, the number of nursing personnel, and the nursing period.

4. Transportation expenses: Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer. 5. Hospitalization meal subsidy:

The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs. 6. Nutrition expenses: Nutrition expenses are determined according to the victim's disability with reference to the opinions of medical institutions.

7. Disability compensation: Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Legal basis

Article 226 of the Civil Code of the People's Republic of China Where the right holder is already in possession of the movable property before the creation or transfer of the movable right, the real right shall take effect when the civil juristic act takes effect.

Article 227:Where a third party takes possession of the movable property before the creation or transfer of the movable right, the person who has the obligation to deliver the movable property may transfer the right to request the third party to return the original property in lieu of delivery.

Article 228 Where the parties agree that the transferor shall continue to take possession of the movable property when the movable property is transferred, the real right shall take effect when the agreement takes effect.

It is not possible to transfer the ownership, and the debt needs to be paid off before the transfer can be made. Otherwise, it will be very troublesome, and if the creditor of the original owner sues him, his vehicle needs to be auctioned.

As long as the car is not preserved, it can be transferred normally.

No, it is better to close the debt before you can close it.

If there is an economic dispute over the vehicle, the ownership cannot be transferred. The following documents are required for the car to pass the judgment household:

1. The identity certificate of the current owner of the motor vehicle;

2. Proof and certificate of transfer of ownership of motor vehicle;

3. Motor vehicle registration certificate;

4. Motor vehicle driving license;

5. For motor vehicles under customs supervision, the Certificate of Release of Supervision of Vehicles under Customs Supervision of the People's Republic of China or the transfer certificate approved by the Customs shall also be submitted;

6. If the motor vehicle exceeds the validity period of the inspection, the motor vehicle safety and technical inspection certificate and the compulsory insurance certificate of traffic accident liability shall also be submitted. Void skin.

There are five points to pay attention to when transferring ownership of a vehicle:

1. The property right certificate should be legal;

2. Check whether there is a record of violations;

3. See if there is a vehicle purchase tax payment receipt;

4. The handling process should be standardized;

5. The written contract should not be forgotten.

Legal basisArticle 17 of the Provisions on the Registration of Motor Vehicles.

If an application is made for a change of registration, the owner of the motor vehicle shall submit the motor vehicle for inspection, confirm the application information, and submit the following certificates and vouchers:

1) Proof of identity of the owner of the motor vehicle;

2) Motor vehicle registration certificate;

3) Motor vehicle driving license;

4) If the engine, body or frame is replaced, the motor vehicle safety and technical inspection certificate shall also be submitted;

E) is due to quality problems to replace the vehicle, should also be in accordance with the provisions of Article 12 to submit the relevant certificates, vouchers.

The vehicle management office shall, within one day from the date of acceptance, inspect the motor vehicle, review the submitted certificates and vouchers, endorse the changes on the motor vehicle registration certificate, withdraw the driving license, and re-issue the driving license. If it is a change registration item provided for in item 3, item 4 and item 6 of the first paragraph of Article 16, it shall also collect and check the vehicle identification number rubbing film or electronic data. If the nature of the use of motor vehicles is changed to highway passenger transport and tourist passenger transport, and the relevant departments are connected to verify the road transport permit information and the information on the nature of vehicle use, the relevant electronic information shall also be checked.

If it is necessary to re-issue the motor vehicle number plate, the license plate and driving license shall be withdrawn, and the license plate, driving license and inspection mark shall be issued.

If a small or micro passenger vehicle applies for a change of registration due to a change in body color, and the vehicle is not in the place of registration, it may apply to the vehicle management office where the vehicle is located. The vehicle management office where the vehicle is located shall inspect the motor vehicle in accordance with the regulations, review the submitted certificate and the certificate of change of reputation, and transfer the electronic information of the motor vehicle inspection to the vehicle management office at the place of registration, and the vehicle management office at the place of registration shall review and issue the driving license in accordance with the regulations.

The debtor's car can be transferred as a debt, but if the creditor files a lawsuit, during the enforcement stage, the debtor's car cannot be transferred, and the court will take enforcement measures such as sealing and freezing at the same time against the person subject to enforcement, and the car cannot be transferred, otherwise the court can impose a fine or detention according to the severity of the circumstances.

Law of the People's Republic of China on the Management of Urban Real Estate

Article 38.

The following real estate is not transferable:

1) Where the right to use the land is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws and administrative regulations provide that transfer is prohibited with caution.

The debtor's car can be transferred as a debt, but if the creditor files a lawsuit, during the enforcement stage, the debtor's car seller cannot be transferred, and the court will take enforcement measures such as sealing and freezing at the same time against the person subject to enforcement, and the car cannot be transferred, otherwise the court may fine and detain according to the severity of the circumstances.

Legal basisArticle 538 of the Civil Code of the People's Republic of China.

If the debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of its creditor's rights, transferring property free of charge, etc., or maliciously extending the performance period of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

Article 540.

The scope of the exercise of the right of avoidance is limited to the creditor's claim. The necessary expenses for the creditor to exercise the right of avoidance shall be borne by the debtor.

Generally, the debtor's car can be transferred. However, the debtor's transfer of ownership cannot be a waiver of its creditor's rights, transfer of property free of charge, or other acts that damage the creditor's due creditor's rights, otherwise the creditor may apply to the people's court to revoke the debtor's transfer.

1. There are three conditions for a creditor to exercise the right of avoidance.

1) The debtor has the behavior of improperly reducing its own property, which mainly refers to the debtor's waiver of its due debts, free transfer or transfer of its own property at an obviously unreasonable low price, the debtor's waiver of undue creditor's rights, waiver of the guarantee of creditor's rights or maliciously extending the performance period of due creditor's rights, and acquisition of other people's property at an obviously unreasonable price, etc., but does not include the debtor's acts of giving up gifts, abandoning inheritance, and not increasing one's own property.

2) The debtor's relevant acts cause damage to the creditor, that is, the debtor lacks sufficient assets to pay off the creditor's claim after improperly reducing its own property, and if the debtor still has the ability to pay off after reducing its own property, it cannot be considered to have caused damage to the creditor.

3) It is to be exercised within the prescribed time, that is, the creditor shall exercise it within one year from the date on which the creditor knows or should know the reason for the revocation, and if the right of revocation is not exercised within five years from the date of the debtor's act, the right of revocation shall be extinguished. Once the debtor's conduct is set avoidance, it is not legally binding ab initio.

2. Whether the right of revocation and subrogation can be exercised after the transfer of creditor's rights.

After the assignment of creditor's rights, the new creditor may file a lawsuit for avoidance and subrogation against the original debtor. After the assignment of the main creditor's right, the subordinate rights are transferred together. If the original debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of its creditor's rights, transferring property free of charge, etc., or maliciously extends the time limit for the performance of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the new creditor may request the people's court to revoke the debtor's acts.

If the debtor's negligence in exercising its creditor's rights or subordinate rights related to the creditor's rights affects the realization of the creditor's due creditor's rights, the new creditor may request the people's court to subrogate the debtor's rights against the counterparty in its own name, except that such rights are exclusive to the debtor itself.

3. What to do if the debtor maliciously transfers property and causes human harm.

If the debtor transfers property in bad faith, the creditor may exercise the right of revocation and apply to the people's court to revoke the debtor's transfer.

The debtor may exercise the right of avoidance under the following circumstances:

1.If the debtor waives its due creditor's rights or transfers its property free of charge, causing damage to the creditor, the creditor may request the people's court to revoke the debtor's act.

2.If the debtor transfers property at an obviously unreasonable low price or acquires the property of others at an obviously unreasonable price, causing damage to the creditor, and the transferee is aware of the situation, the creditor may also request the people's court to revoke the debtor's act.