Vehicle title

The vehicle registration document (including vehicle registration in Austria type certificate or an individual permit in Switzerland vehicle license ) is an official document on the general registration of a motor vehicle on public roads.

The vehicle registration document has already been introduced in Germany with the regulation on motor vehicle traffic on 11 April 1934. According to the European Union ( EU) law is called the vehicle registration " certificate part II". Germany introduced this registration certificate 1 October 2005 with the 38th Regulation amending road traffic regulations in order to implement the existing EU legislation ( see § 12 FZV ). However, the issued up to that time vehicle registration documents remain valid.

About the specific approval of the vehicle for road transport ( registration ) a vehicle registration certificate (now EU-wide "Registration Certificate Part I " ) issued.

To de-register the vehicle ( temporary closure ) will not retract the locking, but is provided with a deregistration certificate. He will not be canceled, otherwise the letter becomes invalid.

Contents of the vehicle Briefs

Contents of the vehicle briefs are

  • Individualisation of the vehicle, usually on the basis of contracts awarded by the manufacturers vehicle identification number (formerly and still widely called VIN )
  • The allocation of a motor vehicle registration plate for a specific person (usually the owner)
  • The conformity of the vehicle with the technical licensing requirements of an EU state ( approval ).

Property protection

The officially registered personal denote the natural or legal person who is authorized to take over the vehicle.

This permission relates only available on the public responsibility for the vehicle. A transfer of title to the motor vehicle is therefore also without a transfer of the vehicle registration possible because the vehicle title is not a tradition paper (BGH NJW 1978, 1854). Rather, the property is at the letter in corresponding application of § 952 BGB, the owner of the vehicle. § 952 BGB is applicable by analogy, since it is the vehicle title to a public law and not civil certificate.

According to settled case-law of the Bundesgerichtshof ( BGH) the ownership of the vehicle Briefs has but one indication function with respect to the civil property. Thus, the good faith purchase of a car is not possible when the vehicle registration is not also transferred. If it turns out that the seller was not entitled to re-transfer the vehicle, the acquirer has not acquired ownership of the motor vehicle. The indicator function is so much in practice that a commonly held view prevails, the vehicle registration document embodies the title to the vehicle or prove it. However, he does not have this civil function - therefore stands on this explicitly, that the holder of the registration certificate will not be recognized as the owner of the vehicle.

Furthermore, but the registration certificate also has significance for the question of whether in a vehicle buying a retention of title within the meaning of § 449 BGB was agreed: Maintains the seller returns the vehicle title until the purchase price has been paid, it should be seen as an indication that the parties a retention of title was intentional (BGH NJW 2006, 3488, 3489 ).

The vehicle title is in the car, this circumstance will be considered as gross negligence. Theft insurance refuse therefore usually starting to make a replacement set. The Higher Regional Court of Cologne ruled, however, that the insurance company is still required to pay. The only exception is if they can prove that the car was stolen just because of the papers therein ( Az: 9 W 50/03, OLG Köln, controversial ).

The Directive on the registration certificate Part I and Part II ( Traffic Gazette 2005 p 188) the vehicle registration document and governs the issue and completion by registration authorities. The last time the policy was in the Federal Law Gazette (Part I) # 21 updated 29 April 2006.

Explanations of the entries in Germany

  • Point 1: Vehicle and Body (eg car closed). The first six digits has the following meaning: Numbers 1 to 4:
  • Paragraphs 5 and 6: The pollutant key provides information on the emission class ( Euro 1, 3 -liter car, etc.) and determine the amount of road tax and driving restrictions on ozone alert

Text entries in the introduction of the motor vehicle letter in 1934 in Germany

The undersigned company hereby certifies that the vehicle is correctly described in this letter, to the genus of vehicles with the password - is one distinguishing signs ... and agrees with it in the designated in the permit parts. It is assured that the vehicle complies with the legal requirements.

Vehicle licence Bürgerliches Gesetzbuch Federal Court of Justice of Germany Circumstantial evidence Smog
325001
de