When does ownership of a car arise: from the moment of transfer from the seller to the buyer or from the moment of registration with the traffic police?

Ownership of a car arises from the moment the contract is signed, the property is transferred to the buyer, or after registration with the traffic police? The answer to this question will definitely be found below. Today we have to understand from what moment the buyer is considered the owner of the vehicle. What do you need to remember about this procedure? How to buy and sell a car and register it with the traffic police?

Ambiguity of opinions

When does ownership of a car arise? The point is that finding an unambiguous answer to this question is problematic. It simply doesn't exist.

Some believe that the buyer becomes the full owner from the moment he signs the purchase agreement. Someone claims that ownership rights appear after the car is registered with the traffic police. And some citizens believe that such a benefit arises after paying money for transport. So what to believe? What does the law say about this?

About inheritance

Rights to inheritance arise at the time of the death of the testator or on the day the citizen is declared dead/missing. Before this, the heirs have no authority over the property.

What about transport? The emergence of ownership of a car through inheritance raises many questions. On the one hand, a citizen will be able to exercise inheritance rights and receive a car within six months, counted from the date of death of the testator. On the other hand, a certificate of acceptance of inheritance is issued by a notary only after the end of the inheritance period.

Accordingly, it is generally accepted that direct rights to an object arise when a citizen agrees to inheritance. But the implementation of the owner’s powers will only be possible in six months. More precisely, immediately after the issuance of a notarial certificate of acceptance of the inheritance.

Civil Code

Buying a car is an operation that allows you to obtain certain civil rights. Namely, the right of ownership of property. In our case - on a vehicle.

Ownership of a car arises from the moment it is transferred to the buyer. This is exactly what the Civil Code of the Russian Federation says. This statement can be found in Article 223, paragraph 1.

However, there is one caveat here - “unless otherwise provided by law or applicable agreement.” This means there are exceptions.

What is it, what articles of the Civil Code of the Russian Federation is it regulated?

Reference. Ownership of a vehicle is a real right that gives its owner the opportunity to freely dispose of the vehicle, including transferring it to third parties under an agreement.

In the Russian Federation there are the following forms of ownership:

• state federal;
• state regional;
• public organizations;
• private.

Based on numerical characteristics, individual, public and group property is distinguished.

Legislative regulation of ownership of a vehicle and its transfer is based on Art. 218, 223, 224 and 235 of the Civil Code of the Russian Federation.

Owner and owner of transport - what is the difference?

The owner of the vehicle is the person whose data is reflected in the title. The owner is considered to be a person who legally controls the vehicle, for example, by power of attorney or by lease. It is the owner who is responsible for damage caused in the event of an accident.

At what age can you become the owner of a car? Can you have a minor child?

Civil legislation does not provide for age restrictions regarding vehicle owners.

In accordance with the administrative regulations “On the procedure for registering motor vehicles,” if a car is registered in the name of a person under the age of 14, a guardian or parent must act as an official representative. The interests of the child can be represented by another person who has confirmed his status in writing.

Persons over 14 years of age can apply for a vehicle themselves if they have written permission from their parents or guardians. It is important to remember that minors are prohibited from driving.

Contract instructions

When does ownership of a car arise? Much depends on the specific agreement signed between the buyer and seller. Ideally, ownership of a vehicle begins from the moment the car is handed over to the new potential owner for permanent use.

But, as we have already found out, there are exceptions. For example, if the purchase and sale agreement states that the citizen will be considered the owner after full payment for the purchase. In this case, you will first have to pay off the debt, and then consider yourself a full owner.

Accounting and tax accounting

If we talk about transportation as an independent type of activity, then this is a regular service and is reflected by postings:

• Debit 62 Credit 90.1 – revenue.
• Debit 90.3 Credit 68 – VAT on the transaction.
• Debit 51 (50) Credit 62 – payment received from the customer.
• Debit 20 (26, 44) Credit 10 (60, 76, 69, 70) – the transport company’s expenses for services provided are taken into account.
• Debit 90.2 Credit 20 (26, 44) – reflects the cost of services.

Cargo received for transportation is reflected in off-balance sheet account 002 (you can create your own off-balance sheet account with a different number specifically for acceptance for transportation). By debit when accepted for storage and credit when transferred to the recipient.

Note! The buyer and the recipient are not always the same person. The recipient may be a branch of the customer (internal movement), an intermediary (another forwarder), an authorized representative (buyer's representative), etc. The same goes for the sender and supplier.

The carrier may provide additional services if they are specified in the contract:

1. Insurance. Insures the cargo on behalf of the customer, like an intermediary contacts an insurance company, and then receives compensation and remuneration for intermediation. Postings from the point of view of the carrier (agent):
   Debit 76.1 Credit 51 – insurance premium transferred.
2. Debit 76.6 (an example of a subaccount in the 1C program, yours may be different) Credit 76.1 - insurance costs are reflected in the account for settlements with the customer (principal).
3. Debit 51 Credit 76.6 – payment received from the principal as insurance compensation.
4. Debit 76.9 Credit 90.1 (91.1) – agency fee accrued.
5. Debit 90.3 Credit 68 - VAT on remuneration.
6. Debit 51 Credit 76.9 – remuneration was received on the account (may also be reflected on account 76.6 depending on the accounting policy and working chart of accounts).
7. Expedition. Forwarding services can be basic (i.e., provided as part of a complex of transport and forwarding activities) or be a separate independent type. Reflected on account 90.1 or 91.1.
8. Loading Unloading. Usually included in the main service, but if the cargo is large or heavy, then special equipment of the transport company is used for the work. The accounting is reflected in the same way as an expedition.
9. Package. It may also be taken into account in the cost of the service, but for greater safety, the customer has the right to agree on a special method of packaging or packaging. For example, place boxes on a pallet or use hard (dense) packaging material instead of soft packaging.

The customer's expenses are taken into account depending on the cargo, its destination, compensation by the direct buyer or recipient, duration of transportation, etc.

For example, if a fixed asset is delivered, the costs of its transportation will be included in the initial cost. Insurance is taken into account at once or in monthly installments if the insurance period exceeds one month.

In tax accounting for income tax, insurance costs are reflected taking into account Article 263 of the Tax Code. According to the simplified tax system, only compulsory insurance can be taken into account. 7 clause 1 of Article 346.16 of the Tax Code of the Russian Federation, if voluntary, it will not be possible to include them in the reduction of the tax base.

Transport management

Despite such seemingly simple principles of becoming a vehicle owner, you have to face a number of problems after purchasing a car. In particular, when it is not a new car that is being considered.

The thing is that it is prohibited to dispose of a vehicle before registering it with the traffic police. In fact, a person will not be able to drive a car or allow other people to do so until he is registered with the traffic police.

Does this mean that ownership of the car will appear after registration with the specified authorities? It is safe to say that as soon as a person registers a car with the traffic police, he will be able to drive it fully. But with property rights things are different.

The role of registration in ownership

Ownership of a car arises from the moment the car is transferred to the buyer. This arrangement occurs most often in practice. Therefore, a person can be considered the owner of a car from the moment the purchase agreement is concluded.

A citizen will not be able to fully dispose of his property until he registers the car. Registration with the traffic police does not have any effect on ownership - the owner can donate, sell or exchange the vehicle. The only thing he will not be able to do is drive the vehicle.

Registration at the traffic police is carried out on the basis of title documents. Without them, information about the new owner of the car will not be entered into the database. This means that the car will not be able to be registered under a new name.

Reasons for prohibiting the termination of property rights and procedures in such a situation

The imposition of a ban on registration actions usually occurs after repeated notifications to the owner of the presence of reasons that may provoke this punishment. If the reason is not eliminated, the executive authority that recorded the violation imposes a ban. The reasons that lead to this may be the following:

1. Having debts.
2. Submitting a car theft report from the owner.
3. Property disputes regarding a car (for example, during divorce proceedings).
4. Illegal actions when transporting cars across the border.
5. Defects in the vehicle that have caused problems with the fastening of the license plates and damage to the area where they are applied.
6. Alienation among minors.

When imposing a ban, the sequence of actions should be as follows:

1. We need to determine the cause. If you do not know it, contact the MREO and get a copy of the certificate of existence of grounds.
2. Study the text of the resolution and determine whether a violation actually occurs. If you believe that the ban is unlawful, you need to contact a lawyer.
3. It is necessary to eliminate the reason for the ban: pay the debt, eliminate defects, and so on, and also save the document that confirms this.
4. The document is submitted to the department that imposed the restriction on registration.
5. Department employees issue a certificate that must be submitted to the MREO. The fact of lifting the restriction must be registered with the MREO.

If, when identifying the reason for the ban, you went to court and received a ruling that the restriction is invalid, then you need to contact the MREO immediately, ignoring the department that imposed the restrictions.

Is car recycling covered by this procedure?

Disposal is not alienation, since it necessarily involves the transfer of ownership in favor of another person.

Is it possible to prohibit a spouse from alienating a car and how to do this?

In accordance with Art. 35 of the Family Code of the Russian Federation, ownership, use and disposal of property that is the common property of spouses is carried out by their mutual consent . When one spouse does certain things, the other spouse is presumed to consent to it. If the second spouse did not give consent, the transaction may be declared invalid in court.

In practice, it is quite difficult to track how spouses dispose of movable property. The solution may be for the court to seize the car until the court makes a decision. Then the spouse will not be able to alienate the car until the arrest is lifted by the traffic police.

However, the issuance of a ruling on arrest is possible only when the demand for divorce includes requirements regarding the division of property that was jointly acquired.

02/15/2021ovrautozona

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Fines and obligations

Ownership of a car arises from the moment it is transferred to the new owner. This is a completely normal and legal phenomenon.

Some citizens are interested in what to do with obligations that arose before the transaction in relation to the vehicle. For example, what to do with existing fines. Do I need to pay for them?

Yes, you will have to pay fines. Only the previous owner of the vehicle will have to deal with this issue. Ownership of a car begins after fines appear. This means that they remain the responsibility of the previous owner. The new owner will only have to pay for fines issued to him after the car was transferred for use under the contract.

Registration

Enough has already been said about car ownership. Now it’s worth considering the procedure for registering a vehicle with the traffic police. You must contact the authority at the place of registration of the new owner of the property.

To register your car, you must bring with you:

• receipt with paid duty;
• contract of sale;
• identification;
• previous car registration certificate.

Based on these documents, the person will be re-registered with the traffic police. The main thing is to write an application for registration of the car with new data. There is nothing complicated about this.

Sun: registering a car with the traffic police does not indicate the integrity of its purchaser

On October 22, the Supreme Court issued Ruling No. 23-KG19-6 on the dispute regarding the recognition as a bona fide purchaser of the owner of a car that was seized as part of a trial for the collection of credit debt by a bank from its previous owners.

The courts of two instances recognized the owner of the car as a bona fide purchaser

In May 2015, Valery Chernoivanov bought a Toyota Corolla car from Business Car Kuban LLC for 974 thousand rubles. A few days later, the man sold the car to Temerlan Soltomatov for 850 thousand rubles. In August of the same year, Ayub Dokhtukaev became the new owner of the vehicle.

In September 2021, the court seized this car in order to secure the claim of Toyota Bank JSC against Valery Chernoivanov and his guarantor. The claim brought against the citizens concerned the collection of debt from them under a loan agreement and the foreclosure of a car pledged by the bank. Case No. 33-32887/2018 was considered in the Tagansky District Court of Moscow.

In the spring of 2021, Ayub Dokhtukaev filed a lawsuit against Temerlan Soltomatov and Valery Chernoivanov to recognize him as a bona fide purchaser of the car. In support of his claims, he referred to the fact of purchasing a car under a sales contract with the original vehicle passport and argued that during registration with the traffic police no restrictions or encumbrances were identified. The citizen emphasized that he did not know and could not know about the existence of claims to the car from third parties.

The dispute was heard in the Shalinsky City Court of the Chechen Republic. During the trial, it turned out that, according to the data of the Republican State Traffic Safety Inspectorate of the Ministry of Internal Affairs as of March 17, 2021, a ban on registration actions was imposed on the car. Toyota Bank, brought in as a co-defendant, objected to the satisfaction of the claim, citing the fact that the pledge of the car was registered in the Unified Register of Notifications of the Pledge of Movable Property before the conclusion of contracts for the sale and purchase of cars by citizens.

The court granted the claim of Ayub Dokhtukaev, the decision stood on appeal. Both instances proceeded from the fact that the disputed car was acquired by the plaintiff in a transaction for compensation before the seizure of this property by a court. Consequently, the plaintiff did not know and could not know about the encumbrance in the form of a pledge.

The Supreme Court did not agree with the findings of the lower courts

The bank sent a cassation appeal to the Supreme Court of the Russian Federation, whose Judicial Collegium for Civil Cases found it justified. The highest court emphasized that in order to properly resolve the case, the court should have established the fact of the creation of the pledge, its date and the question of whether Ayub Dokhtukaev, acting in good faith when purchasing the car, should have known about this pledge.

The Supreme Court noted that the lower courts proceeded only from the date the court applied security measures in relation to the named car and did not take into account the very fact of the pledge and the date of its occurrence, in violation of the provisions of Part 2 of Art. 56 Code of Civil Procedure of the Russian Federation and sub. 1 tbsp. 325 of the Civil Code of the Russian Federation. According to paragraph 4 of Art. 339.1 of the Civil Code of the Russian Federation, a pledge of movable property can be taken into account by registering notifications of the pledge in the appropriate register, which is maintained in the manner established by the legislation on notaries. The pledgee, in relations with third parties, has the right to refer to the right of pledge belonging to him only from the moment of making an entry on the accounting of the pledge (except for cases where the third party knew or should have known about the existence of the pledge earlier).

“Referring to the substantiation of conclusions about the plaintiff’s good faith on the fact of registration of the vehicle with the traffic police, as well as on the presence of the owner of the car with an original vehicle passport, the court did not take into account that the traffic police is not the body that maintains the register of pledges of movable property, but carries out registration of vehicles for the purpose of their admission to road traffic. The fact of registering a car with the traffic police does not in itself entail the emergence, change or termination of civil rights in relation to this property and its encumbrance,” the Court explained in its ruling. He noted that the bank referred to the above circumstances when appealing the court decision, but the second instance rejected its arguments.

The RF Supreme Court also revealed that in November 2021, the Tagansky District Court of Moscow satisfied the bank’s demands against three citizens (Chernoivanov, his guarantor and Dokhtukaev) to collect credit debt and to foreclose on a car. At the same time, Dokhtukaev’s arguments for termination of bail, set out in the appeal against the decision of the capital’s court, were rejected by the Moscow City Court. Then the second instance indicated that there were no grounds for recognizing him as a bona fide purchaser of the car.

The highest court added that at the time the case was considered by appeal, the decision of the Tagansky District Court of Moscow entered into legal force. In this regard, the Supreme Court canceled the judicial act of appeal and sent the case for a new trial to the court of second instance.

The plaintiff's representative criticized the position of the Supreme Court

The interests of Ayub Dokhtukaev were represented in court by the lawyer of Musaev and Partners Law Firm Alexey Golenko, who expressed disagreement with the conclusions of the Supreme Court. “This is another controversial judicial act that continues the controversial law enforcement practice in Russia. The court decision is not consistent with the realities of the life circumstances of a citizen purchasing a vehicle, which may then be pledged,” he noted.

According to the lawyer, in the case under consideration, his client went to court to protect his violated rights, since when he purchased the car, he did not know that it was pledged. “The court happily shared his position, since all the evidence presented confirmed the good faith of his actions. The subsequent court also agreed with the position of my client, upholding the decision of the court of first instance. Moreover, the previous owner of the car, Temerlan Soltomatov, also did not know that the car was pledged to the bank. Both citizens live in rural areas, with difficult access to the Internet, so they simply do not have the opportunity to check the car registration information in the movable property pledge registry,” explained Alexey Golenko.

He added that the Supreme Court defends the interests of credit institutions, not ordinary citizens. “Having the right of legislative initiative, the Supreme Court, unfortunately, avoids making recommendations to the legislator on issues of improving procedures that prevent abuse. When registering a car that is pledged to a bank, the traffic police authorities do not check this information and do not communicate it to the new owner, thus they avoid protecting the rights and freedoms of the citizen and do not warn him about the possible legal consequences of the transaction, which is unacceptable. It is necessary to take into account the imperfect level of legal consciousness of a citizen in modern Russia,” noted Alexey Golenko. In his opinion, the introduction of a system of notarized registration of pledges does not protect bona fide purchasers from the criminal schemes of fraudsters. After all, a citizen who registers a car with the traffic police expects that registration will protect him from legal problems with the car, be it stolen or with a fake body or engine registration number.

“The solution to the problem is seen in clear regulation of checking a vehicle for encumbrances when registering a car with the traffic police; providing information from the register to employees and car registration authorities will help prevent such disputes. Since, when buying a car, some buyers believe that the procedure for registering a car with the traffic police will deprive them of possible legal problems with the car, clear rules for registering cars that are pledged are needed, with the ability to check the pledge with the traffic police,” the lawyer concluded.

AG experts disagreed in their assessment of the Court’s findings

Lawyer of Law Firm "YUG" Sergei Radchenko called the determination legal and justified. “The RF Armed Forces correctly pointed out that the plaintiff could have learned about the pledge from the Unified Register of Notifications of the occurrence of a pledge of movable property, that the traffic police does not register any rights or encumbrances, and that the conclusions of the judicial acts of the Tagansky District Court of Moscow and the Moscow City Court regarding the validity of the pledge are prejudicial for the present case,” he noted.

According to the expert, the only nuance that the Court did not pay attention to is that the plaintiff in this case chose an inappropriate method of protecting his right. “Not a single federal law knows of such a method of protecting civil rights as “how to recognize oneself as a bona fide purchaser.” If a court seizes property belonging to a person not participating in the case, such person may release the property from seizure only by filing a claim to release the property from seizure. This follows from paragraph. 2 p. 50 of the Resolution of the Plenums of the Armed Forces of the Russian Federation and the Supreme Arbitration Court of the Russian Federation No. 10/22 of April 29, 2010 on some issues arising in judicial practice when resolving disputes related to the protection of property rights and other property rights. Such a claim is brought not at the place of residence of the plaintiff, as he did in the commented case, but at the location of the debtor or collector,” the lawyer explained.

In turn, Ilya Prokofiev, lawyer for MCA Centryurservice, noted that disputes about recognizing the acquirer as bona fide are almost always complex. “Judicial practice on these issues is not uniform, and the law does not contain specific formulations of exactly what actions the acquirer of property must perform in a given case in order to prove the fact of the bona fide acquisition,” he explained.

According to the expert, in the case under consideration one may not agree with the conclusions of the Supreme Court regarding the mention of the register of pledged property as an essential circumstance for proof. “As can be seen from the definition, the acquirer referred to the fact that the seller of the vehicle had the original vehicle passport in his hands, although in the case of collateral it is always kept in the bank, and no encumbrances were placed on the car in the traffic police database. In this regard, the citizen conscientiously assumed that he was purchasing a car without encumbrances. These arguments of the acquirer are quite enough to recognize him in good faith,” the lawyer believes.

Ilya Prokofiev added that the Supreme Court also justified its determination by the prejudicial significance of the earlier decision on the bank’s claim, which is fully consistent with the law. “However, this situation creates an almost insurmountable obstacle for the acquirer to recognize himself in good faith. For a correct final consideration of both disputes, the proceedings in the first case (the bank’s statement of claim) must be resumed, and the cases merged into one proceeding,” the expert concluded.

Cost of re-registration

How much will it cost to register with the traffic police? It all depends on what exactly needs to be done.

For example, in 2021 the following tariffs apply in Russia:

• availability of free details in the PTS - 1,300 rubles;
• PTS without free details - 850 rubles;
• production of new numbers - 2,000 rubles;
• re-registration with old numbers - 500 rubles;
• new license plates when the previous owner changes state signs and cars - 3,300 rubles;
• new car registration certificate - 800 rubles;
• new registration certificate - 1,300 rubles.

It is recommended to find out more accurate prices directly from the traffic police department where certain services are provided.

Registration termination procedure

To perform this operation, you must visit the traffic police department with documents and an application. In most cases, there is no processing fee.

List of documents and registration algorithm

Required papers:

1. Statement.
2. Personal passport.
3. PTS and STS (not provided if registration is suspended at the initiative of the old owner-seller).
4. Purchase and sale agreement (only in the scenario where the old owner-seller submits the papers).

The design algorithm is simple. You come to the traffic police, write an application according to the sample, hand over documents and vehicle signs. After this, the employee reviews the papers and makes decisions. Please note that if successful, license plates, PTS and STS remain with the traffic police officers.

Application for termination of registration - sample

The header is filled out in the form, a check mark is placed next to the title in the “Termination of registration” block, and the “Information about the owner” and Information about the vehicle blocks are also filled out.” If a car is sold, the blocks with information about the owner and vehicle are not filled in. Instead, in the header, in the “Please” line, it must be indicated that the operation is carried out by the old owner after 10 days from the date of sale.

Cost of the procedure

The procedure is free. There is no charge for this.

Registration deadlines

How quickly will a citizen have to register a car with the traffic police in his name? In Russia there are certain time restrictions regarding this issue.

Once ownership of a vehicle has arisen, it must be registered within 10 days. That is, a person can drive a car for 10 days using old documents, subject to a purchase and sale agreement. After this, you will either have to register the car with the traffic police, or the right to drive the car will be lost. It will be restored after registration with the relevant authority.

How long will it take for a citizen to reissue documents? This usually takes several days. But in practice, most often it is enough to spend about 1 day to go through the full re-registration procedure and receive the relevant documents. Every year this operation is simplified more and more.

Problems and difficult questions

1. What are the features of the transfer of ownership from an individual to a legal entity? The previous owner of the vehicle can give the buyer who purchases the car for the purpose of subsequent sale the authority to terminate the registration of the vehicle with the traffic police. These powers are specified in the agreement or power of attorney.
2. If a duplicate car is discovered, what should the owner of the original do? Most often, drivers find out about the existence of a double car when they start receiving fines.
   In this case, you should write a statement to the traffic police, mentioning your non-involvement. It will be necessary to prove that the car was in a different place at the time of the offense. Comparing the original vehicle with CCTV footage can also help. In difficult situations, you will have to order an examination.
3. Who bears the tax burden when selling a vehicle? The owner whose details are indicated in the PTS.
4. Will the new owner have problems registering a vehicle that was confiscated before purchase? Traffic police officers can track the entire history of the car. If there is no prohibition on registration, there are no grounds for refusal to the new owner. In any case, it is recommended to ensure that there are no encumbrances before purchasing.
5. How to find information about the owner of the vehicle? Knowing the license plate number of the car, you can contact the traffic police and get an extract from the database about this vehicle. But you can count on providing such information only in the following cases:
   • The vehicle is blocking the exit from the parking lot;

   the driver of the car, as well as the person wishing to obtain information about him, was involved in an accident.

In addition, on the official website of the traffic police you can check the vehicle by VIN code. There is no specific information about the owner in such an extract, but you can find out his status - an individual or legal entity.

6. How to change owner details? You must submit an application through State Services or during a personal visit to the traffic police department. After this, you need to drive your car to the State Traffic Inspectorate. You must take with you a printed application form, a receipt confirming payment of the state fee, and original documents. Once the review is completed, changes will be made to the papers.

Ownership of a vehicle is regulated by law, so law enforcement agencies can easily determine who should control and be responsible for the vehicle. Having understood this issue, the buyer can be confident in the purity of the transaction and the legality of his actions.

Reasons for car ownership

Does ownership of a car arise if the purchase is not paid for? Usually not. As a rule, the bulk of agreements provide for the transfer of vehicles to new owners after full repayment of the debt. But there are exceptions. Especially if the need to pay in full for the purchase is not specified in the current agreement.

Ownership of a car arises in the following cases:

• inheriting a car;
• making an exchange;
• purchase;
• winning vehicle;
• receiving a car from the state as support (an extremely rare option).

In any case, from the moment of signing a particular agreement, a person is considered to be the owner of the car. And as soon as he registers the car with the traffic police, he will have the right to drive the car without fear and legally.

Moment of origin of ownership of a car

https://www.youtube.com/watch?v=0TRFNJRkm9s

One of the options in which the transfer of ownership of a car from one person to another is possible under a purchase and sale agreement. This type of transaction is the most common. However, it is not entirely easy for an ordinary person to navigate such nuances, taking into account all the legislative acts in this area. Including the necessary materials for this.

This agreement can be concluded between the following persons:

• physical;
• legal;
• physical and legal.

This agreement must be concluded in writing. The law does not require mandatory notarization. This is the wish of one of the parties or both parties.

The main items that must be specified in the relevant agreement:

• names of the parties, their personal data;
• the name of the document on the basis of which the old owner has the property;
• data of the vehicle with which the transfer of ownership is associated, namely: model and type of car; body, chassis, frame number; year of manufacture and color; state license plates;
• the price of the car, which is required for tax purposes;
• transfer of ownership of the car from the old owner to the new one;
• payment procedure (cash, non-cash);
• the procedure for transferring the subject of the contract;
• other conditions as agreed by the parties.

conclusions

Ownership of a car arises after its transfer to the new owner of the property. Or from the moment provided for by the signed agreement. By 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 inheriting. 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 with the traffic police.

In some sales contracts you can often find a clause according to which the car becomes the property of the new owner only after the object is registered with the State Traffic Inspectorate. Such an agreement is legally illiterate. After all, without title documents, it will not be possible to register a car with the traffic police with information about the new owner. Accordingly, such an agreement is either considered illegal, or it provides ownership rights after its conclusion and transfer of the car for use to the buyer.

It's actually simple. Ownership of a car arises from the moment provided for in the purchase and sale agreement. Or, as we have already said, after transferring the car to the new owner for use.

Grounds for termination

According to Art. 235 of the Civil Code of the Russian Federation, ownership rights are terminated in the following cases:

• upon alienation of the vehicle to third parties;
• in case of voluntary renunciation of property rights;
• when the car is destroyed;
• upon confiscation.

The basis for alienation is a contract of sale or donation. The obligations of the owner of the car cease only when the rights to it are transferred to another person.

This means that if there was an encumbrance on the scrapped vehicle, compensation will still have to be paid.