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2003年深秋的一天上午,当事人刘建平来到我处要求办理只有一方当事人的一宗汽车过户公证,以便到市车辆管理所办理一辆小汽车过户手续。我当初觉得很奇怪,汽车过户是属于买卖合同,根据《合同法》规定,买卖合同是出卖人转移标的物的所有权于买受人、买卖人支付价款的合同。一般汽车过户都需双方当事人,除非一方当事人已经死亡,在这种情况下只要办理继承权公证书,当事人就可以办理过户手续。但当事人称并非办理继承权公证,只要求
One morning in the autumn of 2003, the client, Liu Jianping, came to our office and asked to handle notarization of a car transfer by one of the parties, so as to go through the formalities for transfer of a car to the City Vehicle Administration. At first, I found it very strange that the auto transfer was a contract of sale. According to the Contract Law, the contract of sale was a contract in which the seller transferred the ownership of the subject matter to the buyer and the seller for the price. General car transfers are required both parties, unless one party has died, in this case as long as the certificate of succession, the parties can handle the transfer procedures. However, the parties claimed that they did not handle the notarization of succession rights and only asked for it