PROPERTY RIGHTS TO A MOTOR VEHICLE FROM THE THEORY OF LEGITIMACY PERSPECTIVE

Abstract

Property rights are included in the scope of civil law, including ownership rights to motorized vehicles as movable objects. However, the status of civil ownership rights needs to be clarified and reaffirmed in line with the existence of motor vehicle administration policies. Based on civil law provisions, ownership rights to an item can be recognized if the owner can prove ownership according to law. The most prominent object/zaak in civil law is the division of movable and immovable objects. Motorized vehicles are included in movable objects because ownership is easily transferred. It will have an impact on his property rights. Ownership rights to motorized vehicles through bezit/control are not sufficient for the principle of bezit which is understood by the term 'the position of controlling or enjoying an item controlled by oneself or through the intermediary of another person as if the item were one's own'. However, for motorized vehicles, proof of documentation is required, because motorized vehicles are movable objects and are registered in traffic regulations and local tax levies. A new policy that upholds civil property rights is needed so that people's property rights to objects such as motor vehicles are lost due to arbitrary tax administration.