Does ownership of a car arise from the moment of signing the contract, transferring the property to the buyer, or after registration with the traffic police? The answer to this question will be surely discovered below. Today we have to understand from what point the buyer is considered the owner of the vehicle. What is necessary to remember about this procedure? How to make a sale of a car and register it with the traffic police?
Ambiguity
When does ownership of a car arise? The thing is that finding a definite answer to this question is problematic. He is simply not there.
Some believe that the buyer becomes the full owner from the moment he signs a purchase agreement. Someone assures that property rights appear after registering a car in the traffic police. And some citizens believe that such a benefit arises after making money for transport. So what to believe? What does the law say about this?
Civil Code
Buying a car is an operation that allows you to register some civil rights. Namely, ownership of the property. In our case, a vehicle.
Ownership of the car arises from the moment of its transfer to the buyer. That is what the Civil Code of the Russian Federation says. This statement can be found in article 223, paragraph 1.
Nevertheless, there is one reservation - "unless otherwise provided by law or an existing agreement." So, there are exceptions.
Contract Indications
When does ownership of a car arise? Much depends on the specific agreement signed between the buyer and seller. Ideally, ownership of a vehicle starts from the moment a car is betrayed to a new potential owner for permanent use.
But, as we have already found out, there are exceptions. For example, if the purchase agreement states that the owner of the citizen will be considered after full payment of the purchase. In this case, you will first have to pay off the debt, and then consider yourself a full owner.
Disposal of transport
Despite such seemingly simple principles of becoming the owner of vehicles, you have to face a number of problems after buying a car. In particular, when not a new machine is considered.
The thing is that it is forbidden to dispose of the vehicle prior to registration with the traffic police. In fact, a person will not be able to control the machine and allow others to do this before registering with the traffic police.
Does this mean that the ownership of the car will appear after registration with these authorities? It is safe to say that as soon as a person registers a car in the traffic police, he will be able to fully manage it. But with the right of ownership, things are different.
The role of registration under the right of ownership
Ownership of a car arises from the moment the car is handed over to the buyer. This alignment in practice is most common. Therefore, a person can be considered the owner of a car from the moment of conclusion of a purchase agreement.
A citizen will not be able to fully dispose of his property until he puts the car on record. The presence of registration in the traffic police does not have any effect on the right of ownership - the owner can donate, sell or exchange vehicles. The only thing he can not do is drive the vehicle.
In the traffic police registration is based on title documents. Without them, information about the new owner of the car will not be entered in the database. So, cars will not be able to register in a new name.
Fines and obligations
Ownership of the car arises from the moment of its transfer to the new owner. This is a completely normal and legal phenomenon.
Some citizens are interested in what to do with the obligations that arose before the transaction with respect to the vehicle. For example, what to do with existing fines. Do I need to pay for them?
Yes, you have to pay fines. Only the former owner of the vehicle will have to deal with this issue. Ownership of a car begins after the appearance of fines. So, they remain the responsibility of the previous owner. The new owner will have to pay only for fines issued to him after the transfer of the car for use under the contract.
About the conclusion of the contract
Now it’s clear when the ownership of the car arises. It is enough to carefully read the existing contract of sale. The exact dates will be indicated there. If there is no mention of the transfer of ownership, then the buyer will be considered the new owner either after signing the agreement or when the car is handed over to him for future use.
What you need to know about concluding a sales contract? He is usually registered with a notary public. Otherwise, the agreement could easily be invalidated.
The parties must bring with them:
- title documents for a car;
- technical passport for the car;
- car insurance;
- contract of sale;
- passports.
It is also advisable to immediately have with you money and a certificate of receipt. The notary will verify the agreement, then the parties sign the document. From this point on, the buyer can conditionally be considered the new owner. He passes the money to the seller. And he, in turn, issues an extract certifying the fact of receiving the money. At this stage, full ownership arises, unless otherwise provided by agreement.
All that remains now is to renew the car in the traffic police. This can be done even without the previous owner of the car.
Registration
About the ownership of the car has already been said enough. Now it’s worth considering the procedure for registering a vehicle with the traffic police. It is necessary to contact the authority at the place of registration of the new owner of the property.
To register a car, you need to bring:
- receipt of paid duty;
- contract of sale;
- identification;
- previous certificate of registration of a car.
Based on these documents, a person will be re-registered with the traffic police. The main thing is to write an application for registering a car with new data. There is nothing complicated about it.
Re-registration cost
How much will it cost to register with the traffic police? It all depends on what needs to be done.
For example, in 2017 in Russia, the following tariffs apply:
- availability of free details in the TCP - 1,300 rubles;
- Title without free details - 850 rubles;
- production of new numbers - 2,000 rubles;
- re-registration with old numbers - 500 rubles;
- new numbers when the previous owner changes state signs and cars - 3 300 rubles;
- new car registration certificate - 800 rubles;
- new technical passport - 1,300 rubles.
It is recommended that you find out more accurate prices directly in the traffic police, where certain services are provided.
Registration Dates
How quickly will a citizen have to register a car in the traffic police in his name? In Russia, there are certain time limits regarding this issue.
After the ownership of the vehicle has arisen, registration thereof must be made within 10 days. That is, for 10 days a person can drive a car according to old documents, subject to the existence of a contract of sale.After that, you will either have to register the car with the traffic police, or the right to drive a car will be lost. It will be restored after registration with the appropriate authority.
How much time will a citizen reissue documents? This usually takes several days. But in practice, most often it is enough to spend about 1 day in order to go through the complete re-registration procedure and get the relevant documents. Every year this operation is simplified more and more.
Reasons for the appearance of car rights
There is a ownership of the car in case the purchase is not paid? Usually not. As a rule, the bulk of agreements provide for the transfer of vehicles to new owners after full repayment of debt. But there are exceptions. Especially if the need for full payment of the purchase is not spelled out in the current agreement.
Ownership of a car arises in the following cases:
- inheritance of a car;
- making an exchange;
- purchase;
- win a vehicle;
- receiving a car from the state as support (an extremely rare option).
In any case, from the moment of signing this or that contract, a person is considered to be the owner of the machine. And as soon as he registers the car in the traffic police, the right to drive a car will appear without fear and legally.
findings
Ownership of a car arises after its transfer to the new owner of the property. Or from the moment provided by the signed agreement. Remembering these 2 rules, you can easily understand when a person becomes a full-fledged owner of transport.
What to do when it comes to inheritance? In this case, the person becomes the owner of the car after entering the inheritance. The notary will issue a document on the basis of which it will be possible to issue a certificate of ownership, as well as re-register for the traffic police.
In some sales contracts, one can often find a clause according to which a car becomes the property of a new owner only after registering the object with the traffic police. Such an agreement is legally illiterate. Indeed, without legal documents to register a car with the traffic police with information about the new owner will fail. Accordingly, such an agreement is either recognized as illegal, or it provides property rights after its conclusion and transfer of the machine to the buyer for use.
In fact, everything is simple. Ownership of a car arises from the moment provided for by the contract of sale. Or, as we have said, after the transfer of the car to the new owner.
