Page 73 - วารสารกฎหมาย ศาลอุทธรณ์คดีชํานัญพิเศษ
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ฉบับพิเศษ ประจำ�ปี 2564
unless the assignee checks the assignment certificate accompanied by
the presentation or the handing over of a copy of a document which verifies
the rights of the foreign manufacturer or the former genuine owner such as
a car certificate, or a reliable certificate etc. of the domestic dealer to the effect
that the dealer had verified these documents, the assignee is negligent”.
[underlined by the author]
The Supreme Court then went on to express its own view as follows:
“However, it has not been proven on record that in the imported car trade,
the handing over or verification of such documents always takes place in practice.
This can be surmised from the fact that although, when newly registering
imported cars under the Road Transport Vehicle Law, the fact that the applicant
is the genuine owner is a matter which has to be investigated by the registration
authority ex officio (Article 8, subpara.1), submission of such documents is not
required”. [underlined by the author]
“Under such circumstances, the ruling that B was negligent because he had
failed to verify the existence of the documents which prove ownership in
the country of the previous registration (moreover which country or region is
the last place of registration is not clear from the documents or the Car itself)
when B, who is an individual consumer, purchased the Car from Kosei
Manufacturing which is a dealer without any record suggesting that it is a dealer
which handles stolen goods, despite the fact that the documents required for
new registration were all there, brings unnecessary risk to the second hand car
trading business and excessively harms the stability of trade”. [underlined
by the author]
As quoted above, the Supreme Court did not support the view of the Appeal
High Court. The High Court paid more explicit attention to the issue of legal-title
laundering by way of import trade of a stolen car.
The High Court considered the fact that, in import trade practice in Japan,
the only documents necessary for customs procedures are declaration of import, invoice,
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