Ownership of the car arises from the moment of signing the contract, the transfer of property to the buyer or after registration in the traffic police? The answer to this question will be defined below. Today we have to understand, from what moment the buyer is considered to be the owner of the vehicle. What do you need to remember this procedure? How to make buy-sell cars and register it in the traffic police?
The ambiguity of opinions
When is the ownership of the car? The thing is that finding an unambiguous answer to this question is problematic. It is simply not.
Some believe that the full owner of the buyer becomes from the moment he signs the purchase agreement. Someone assures that property rights appear after registering a car in the traffic police. And part of the citizens believe that this benefit arises after making money for transport. So what to believe? What does legislation say about this?
Civil Code
Buying a car is an operation that allows you to arrange some civil rights. Namely, ownership of property. In our case - on the vehicle.
The ownership of the car arises from the moment of its transfer to the buyer. This is how the Civil Code of the Russian Federation. This statement can be found in Article 223, para. 1.
Nevertheless, there is one reservation here - "if the law or current agreement does not provide for another." And therefore, there are exceptions.
Instructions of contract
When is the ownership of the car? Much depends on the specific agreement signed between the buyer and the seller. Ideally, ownership of the vehicle begins from the moment that the new potential owner betrayed cars for continuous use. 
But, as we have already found out, there are exceptions. For example, if the sales agreement noted that the owner of a citizen will be considered after full purchase of purchases. In this case, you will have to first pay a debt, and then consider yourself a full owner.
Disposal of transport
Despite such as it would seem simple principles of the host of vehicles, it is necessary to deal with a number of problems after buying a car. In particular, when not a new car is considered.
The thing is that the TC is disposed of before registration in the traffic police is prohibited. In fact, a person will not be able to manage the car and allow it to do to other persons before registration in the traffic police.
Does this mean that the ownership of the car will appear after registering in these bodies? It is safe to say that as soon as a person regits a car in the traffic police, he will be able to manage them to fully. But with the right of ownership of things is different.
Registration role in the right of ownership
The ownership of the car occurs from the moment the car is transferred to the buyer. This alignment in practice meets most often. Therefore, the owner of the car can be considered from the moment of the conclusion of the purchase agreement. 
A citizen will not fully dispose of their property until it becomes car account. The presence of registration in the traffic police does not have any impact on the right of ownership - the owner can give, sell or exchange transport. The only thing he could not do is to manage the vehicle.
In the traffic police, registration is made on the basis of the guidelines. Without them, information about the new owner of the car will not be listed in the database. So, cars will not be able to register to a new name.
Penalties and commitments
The ownership of the car arises from the moment of its transfer to the new owner. This is quite normal and legal phenomenon.
Some citizens are interested in how to deal with the obligations that arose before the transaction in relation to the vehicle. For example, what to do with the existing fines. Do you need to pay them?
Yes, pay fines will have to pay. Only to deal with this issue will be the former owner of the vehicle. The ownership of the 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 the fines discharged by him after passing the car to use under the contract.
On the conclusion of the contract
Now it is clear when the ownership of the car occurs. It is enough to carefully read the existing contract of sale. The exact time will be indicated there. If there are no mention of the transition of property rights, the buyer will be considered a new owner or after signing the agreement, or when it is transferred to the car for further use. 
What you need to know about the conclusion of the contract of sale? It is usually registered with the notary. Otherwise, the Agreement can be easily invalid.
To the parties must be brought:
- guide documents on cars;
- technical passport on the car;
- car insurance;
- contract of sale;
- passport.
It is also desirable to immediately have money and a certificate receipt. Notary will check the accuracy of the agreement, then the parties sign the document. From now on, it is possible to conditionally consider the buyer with the new owner. He transmits the seller money. And he, in turn, issues an extract certifying the fact of obtaining money. At this stage, the full ownership arises, unless otherwise provided by agreement.
Everything that remains now is to re-refline the car into the traffic police. You can do it even without the previous car owner.
Registration
On the right of ownership of the car was already sufficiently stated. Now it is worth considering the procedure for setting the CU for accounting in the traffic police. It is necessary to apply to the authority at the place of registration of the new property owner.
To register a car, you must bring with you:
- receipt with paid duty;
- contract of sale;
- identification;
- former certificate of registration of the car.
Based on these documents, a person will be re-registered in the traffic police. The main thing is to write a statement of car registration with new data. There is nothing difficult in this. 
The cost of renewal
How much will it cost to register in the traffic police? It all depends on what exactly needs to be done.
For example, in 2017, the following tariffs operate in Russia:
- the presence of free details in PTS is 1,300 rubles;
- PTS without free details - 850 rubles;
- production of new numbers - 2 000 rubles;
- re-registration with old numbers - 500 rubles;
- new numbers when the former owner changes state signs and cars - 3,300 rubles;
- a new certificate of registration of cars - 800 rubles;
- a new supasport is 1,300 rubles.
Date of registration
How fast will the 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 occurrence of ownership of the vehicle, the registration of it should be produced within 10 days. That is, 10 days a person can drive a car on old documents subject to the availability of a sales contract. After that, either you have to register the car in the traffic police, or the right to control the car will be lost. It will restore after registration in the relevant authority.
How long will the citizen reissue the documents? Usually it takes for several days. But in practice, it is most often enough to spend about 1 day in order to pass a complete procedure for recovery for accounting and obtain relevant documents. Every year this operation is simplified more and more.
Causes of the emergence of auto rights
The ownership of the car occurs in case the purchase has not paid? Usually no. As a rule, the majority of agreements provide for the transfer of vehicles to new owners after a full repayment of debt. But there are exceptions. Especially if the need for full purchase of purchases is not spelled out in the current agreement.
Ownership of the car arises in the following cases:
- getting a car by inheritance;
- exchange;
- purchase;
- winning TC;
- getting a car from the state as support (extremely rare option).
In any case, since the signing of this or that agreement, a person is considered to be the owner of the car. And as soon as he regits the car in the traffic police, the rights management rights will appear without fears and on legal grounds. 
conclusions
The ownership of the car arises after his transfer to the new property owner. Either from the time stipulated by the Signed Agreement. By remembering these 2 rules, you can easily understand when a person becomes a full-fledged owner of the transport.
What if it is about inheritance? In this case, a 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 to reconnaissance into accounting in the traffic police.
In some contracts of sale, it is often possible to meet the item according to which the car goes into the ownership of the new owner only after registering an object in the traffic police. Such an agreement is legally illiterate. After all, without the right-ending documents, put a car for accounting in the traffic police with the data about the new owner will not work. Accordingly, such an agreement is either affected by illegal, or it provides property rights after its conclusion and transferring the machine to the use of the buyer.
In fact, everything is simple. The ownership of the car arises from the moment the purchase and sale agreement. Or, as we said, after the transfer of the car to use the new owner.
Quite often, situations happen when, after the sale of the car, the former owner continues to receive notifications of the need to pay for transport tax or fines from the traffic police. This is due to the fact that the ownership of this car was not alienated in the traffic police. But when does such a right actually arise and how is it going to another person? What documents confirm the fact that a citizen is the owner of the vehicle? We will try to answer these questions in this article.
The moment of ownership of the car
Russian legislation thoroughly regulates the order of transfer of property rights from one person to another, and the change of the vehicle owner is no exception. The main provisions on the right of ownership and its transition are concentrated in Articles 218, 223, 224 and 235 of the Civil Code of the Russian Federation. Thus, in part 2 of Article 218 of the Domestic Group, a general provision concerned about any property, according to which the basis for the acquisition of rights to it is a contract of sale. Article 223 of the same code defines the order of transition of the rights to movable objects to which, including the vehicle relate - on the fact of the transmission of the object. The parties to the transaction are endowed with the right to independently specify the moment of the transfer of ownership, which does not coincide with the generally accepted fact of signing the contract of sale. For example, the moment of changing the owner may coincide:
- With removal of a vehicle from registration accounting in the traffic police for the same owner;
- With the formulation of acquired transport for registration in the traffic police;
- With 100% payment of the object of the transaction;
- With other moments that may be provided for in the contract with an independent point.
The real transfer of the car may be issued and a separate act and if there was such a place, then this will be regarded by the moment the transfer of rights from the previous owner a new one. Thus, ownership is always a combination of three components of possession, use, orders. Admission to the management of third-party transport or transmission by proxy does not deprive the owner of his rights.
Supporting documents
The main guidelines for the car is a vehicle passport (TCP). To obtain new cars without a run, such a document will not be a problem, it is issued by the seller (or plant-manufacturer) or customs authorities, but with second-hand cars have a certain procedure, which is based on one of the alternatives:
- Notarial design of the contract of sale with the participation of both the seller and the buyer. When making a transaction in this way, it will be necessary to provide passports from the parties, and the seller also provides its TCP and the registration certificate. The treaty decorated in this way is the basis for the subsequent registration of transport in MREO on himself as a new owner.
- The seller independently removes transportation and puts it on transit numbers (temporary registration). Further, the sides draw up a sales contract (notarial presence is not necessary) and the new owner can be sent to the MREA for the production of the car.
The new car owner will be required to provide in MREO when registering the TCP, certificate of registration of the machine, insurance (policy of the OSAGO); Purchase and sale agreement available on auto registration numbers, an application for registration. Thus, becoming a full owner is still possible only after registering the car, i.e. Perfect transaction and car registration These are complementary factors.
Registration of the vehicle
Despite the fact that most often the moment of the transfer of rights from one owner to another is associated with the moment of the conclusion of the contract and the law is solidary with this axiom, the maximum spectrum of the law on the attitude of the person acquired only after it will make it on accounting. At the same time, the lack of registration does not detract from the rights of the owner, you can manage and own the owner and an unregistered car, but to use - to manage after the expiration of the established period for registration is actually prohibited. Violation of this tab will entail the imposition of administrative penalties in case of detection. Moreover, the information is entered into the database on the basis of the guidelines and duplicate the information specified in them.
You can put a car on accounting by contacting the territorial department of the traffic police, to which the place of registration of the new car owner belongs. The applicant is required to provide a receipt for the payment of state duty, sales contract, its passport, as well as a certificate of state registration issued by the former car owner. This package of documents is attached to the application, since the re-registration of the car is a complaining procedure.
Registration with unpaid fines
The new owner becomes full in the eyes of the law after the transaction and re-registration of the car. There are such cases where the previous owner before the alienation of the car was attracted to administrative responsibility for violation of traffic rules, but superimposed penalties did not pay, the appearance of an offense in the database. To record this transport will be problematic for this reason (provided that the transport has not been removed from the metering) until the previous owner correlate the situation. If the car is already purchased on transit numbers, i.e. Discontinued from registration, then there are no reasons for alarms, all questions with unpaid fines by the time of reliating were resolved.
The fact is that administrative responsibility is characterized by a number of signs, including personal guilty responsibility. This means that only the guilty person is responsible, and imposed punishment should be executed personally as a preventive measure. The new driver will be administrative responsibility only for the offenses that will make himself.
Conclusion
The ownership of the car is confirmed by such a document as PTS. It is in him that the data of the new owner fits. The transition of such a right is carried out after the full payment of the DCP object, re-registration of the vehicle in the traffic police department. It is very important on time (that is within 10 days) to make this procedure, otherwise the former owner will have to pay the transport tax, and the new one is a penalty for non-compliance with the timing of the car.
Acquisition of a motor vehicle and its registration in the prescribed manner allow the owner to dispose of the vehicle at its discretion: to operate, alienate, give, change, inherit. For registration it is necessary to comply with the requirements for the Regulations prescribed by the order of the Ministry of Internal Affairs of Russia N1001 dated November 24, 2008. It is worth considering the relevance of the document and take into account the changes made today.
For a complete understanding of the question, it is important to distinguish between the two areas of this concept. First, it is the right to the vehicle (TC), which arises from the owner at the time of the acquisition of a car for different grounds (purchase, donation, inheritance, alienation in its favor on the basis of a judicial act, other legal acquisition options). The ownership of the car is confirmed by the presence of a contract for the sale of the sale of a car and a certificate. Secondly, the act, which is confirmed by the relevant registration documents: a technical means of technical means (TCP) and a certificate of registration.
REGISTRATION AMTS in the traffic police
You can register a car at the place of permanent or temporary stay of the owner of the vehicle. Registration is allowed exclusively to one physical (legal) person, at the place of its permanent registration or documented temporary stay. To the registering body at the place of residence, it is necessary to prepare the main package of documents:
Statement for registration of AMTS;
Applicant's identity card;
Receipt of payment of state duty;
TCP;
Autoscess to inspection purposes;
A document confirming the ownership of the TC;
Driver's license;
Insurance policy (OSAGO).
Registration can be implemented by a trustee on the basis of a document confirming its powers to providing the interests of the applicant. If it is impossible to provide transport for inspection, the technical inspection act issued in accordance with the regulation N 1001 is allowed.
Car registration on the basis of a judicial act
The ownership of the vehicle can be recognized as a result of the trial. The court decision serves as sufficient basis for civil rights and responsibilities in accordance with PP. 3 p.1 Art. 8 Civil Code of the Russian Federation. The court's recognition of the right to possession of the TS does not exempt the person followed by the right of ownership of a car from registration that arose right in the event that the moment of its occurrence is not directly determined by the court decision.
To register the vehicle by the decision of the court, it is necessary in addition to the main registration package to provide:
Court decision (copy);
Executive document (copy);
Inventory of the subject of recovery;
Act about the sale of a car with auction as a result of the implementation of the enforcement proceedings.
In a situation with the recognition of the ownership of a person in court, legal expertise of documents for their reality and authenticity is carried out. The court decision at the time of registration should enter into legal force. The court decision must contain a description of the object, indicating the copyright holder and the type of law to be registered.
Registration of the car acquired by inheritance
For renewal, the ownership of the car received by inheritance is important to observe, first of all, the procedure. The process is quite long and the actual right of ownership of the car comes no earlier than six months from the date of opening the inheritance. In the hands of the right-accepter should be a court decision. The next step in the process will be the appeal to the notary to obtain a certificate of the right to inheritance.
It is this document that becomes the basis for appealing to the traffic police bodies for registration of the registration certificate. Replacing state registration marks of the vehicle is carried out on the basis of a personal statement by the heir who has entered into the right of the heir, if he has intentions. Otherwise, state names are saved.
At the time of appeal to the registering authority, the traffic police is necessary in this situation in addition to the main package of documents:
Original certificate of inheritance;
The statement of the heir to remove the TC and its registration;
Certificate of registration of AMTS;
Documents certifying the personality of the heir.
It is worth considering that together with the original, a notarized copy of the testimony of the right to inheritance is surrendered, which is not refunded by the applicant. If it is planned to sell a hereditary car, then the interim registration is not provided for by the rules, in this case transportation should be sold until it takes it on the heir.
Russian drivers change their cars on average every 4 years. Buying a car takes a lot of trouble. What to pay special attention to this process?
Document for the ownership of the car
The main document, which confirms the ownership of the car, is the TCP - the passport of the vehicle. Make a purchase of a car - a simple thing: the owner of the new car receives on the hands of the TCP. It is best to double-check such data as the engine number, chassis and other marks in the document. It is important. If the error in the PTS-KE will pop up during registration in the MREO, you simply won't give license plates. The document on the ownership of the car indicates changes in the construction of the vehicle and all the information relating to the owner of the car.
If the car is bought in the car loan, then the original TCP will be in the bank until the borrower pays for a full debt.
Registration of ownership of the car
By purchasing a used car, you can arrange ownership of it in several ways. The first way is to sign all the necessary documents in the presence of a notary. The second method is characterized by independent removal of the car in registration in the traffic police. It should be noted that the transaction in the notary is a simplified procedure, after which the buyer himself is engaged in all the necessary design-renewes. The service of registration of sale and notary will cost several dozen dollars, an average of about $ 35-50. There is a day, this method is considered the most reliable.
Transfer of ownership of the car
The transfer of ownership of the car occurs at the time of the conclusion of the contract of sale and receipt of the sales seller, the amount of which is spelled out in the contract. It is best to conclude a contract with a notary - this method is the easiest and fastest. After that, the new owner of the car itself should take it from accounting and make all the necessary manipulations associated with the design of themselves.
Tip from Compare.ru: By purchasing a car, you get a package of documents for ownership. If the purchase is performed at a private person, conclude a purchase and sale transaction from a notary - it will protect you from fraud.
The transition of the rights of ownership by the vehicle is a responsible moment from the point of view of legal aspects. It is important that all financial issues have already been resolved to this procedure. Consider the main provisions and legislative mechanisms that regulate this process.
Transfer of ownership of the car - General
Federal legislation strictly regulates the procedure for the transfer of ownership of the car, as well as other vehicles. Consider the main provisions of the Civil Code of the Russian Federation regarding this issue:- Articles 218 and 235 say that the right of ownership of the goods, which already has the owner, turns another person if the appropriate agreement is drawn up. The goods can be sold, exchanged, donated or transferred as a result of another property alienation procedure.
- Part 1 Art. 223 of the Civil Code of the Russian Federation. The legislation establishes that the ownership of TMC (inventive material value) under the transactions of purchase and sale passes to the buyer on the transfer of goods. In addition, the article provides for the ability to independently determine the moment of the transition of rights.
- Art. 224 of the Civil Code of the Russian Federation suggests that the transmission of things is the fact of its presentation to the buyer. If at the time of signing the contract (purchase and sale, donation, exchanges, etc.) the thing is already in possession of the buyer, then the ownership of it only after signing the papers.
How is the moment of transition of the transfer of ownership of the car?
In accordance with Part 2 of Article 218 of the Civil Code of the Russian Federation, the basis for the acquisition of any property is the contract of sale. In turn, Art. 223 of the Civil Code says that ownership of any product, except real estate, passes on the fact of transmission Things to the buyer, if other conditions are not spelled out in the purchase document.The legislation establishes that the car is driven property, therefore the transfer of property rights should be carried out in accordance with 223 Article. Civil Code. The buyer and the seller on prior approval can independently choose the moment of transition of ownership. As a rule, in his role acts the fact of signing the document, but other options are also possible:
- deregistration of the vehicle (vehicle) by the seller;
- taking into account the new owner;
- transfer of the total cost of TS, etc.
At the time of the transfer of property rights to the new owner, you lose any authority by order by the vehicle, so it is best to appoint this moment only for the period when you received the full amount per car.
How is the transfer of ownership?
The main document confirming the ownership of the car - PTS (vehicle passport). In the case when the purchase of a new car with its registration and the transition of ownership of problems is usually not arising, because you become the first owner. If you have a purchase with hands, then there are two ways to draft ownership.Registration of the contract of sale
Such a document is usually drawn up in a notary. The transaction is necessarily present both the buyer and the seller. After signing the document, you get ownership of the car, as well as confirming this fact documentation.For you need to collect the following package of documents:
- buyer's passport;
- seller's passport;
- certificate of registration of the vehicle.
After completion of the procedure, you must complete the subsequent re-registration in the MREO.
For a clearer understanding of the procedure for the design of the transfer of ownership, we propose to familiarize yourself with the following roller. The video describes in detail about the design of documents when buying a car:
Independent removal from registration
This transmission scheme implies that the seller independently removes the TC from registration and puts it for temporary accounting. After that, both sides sign a purchase and sale agreement and the buyer goes to the MREO for re-registration.To implement such a procedure, the new owner must provide the following package of documents:
- certificate of registration of the vehicle;
- insurance policy;
- contract of sale;
- license plate;
- application for registration.
