On Handover

Handover comes from ancient Rome law's professional word Traditio.Tradito has double meanings,one is transfer the real control and the other is transfer the ownership.Traditio evolved to be the English word tradition,the French word tradition and the German word Tradition gradually.Affected by the level theory of ownership from ancient Germanic law,the civil codes created other special words to express the Traditio.Only the France's and the Switzerland's civil code which is wroted in French use the French word tradition to express the meaning of ownership's transformation.The BGB uses Ubergabe to express handover which cannot be translated to English deliver or tradition,meanwhile the scholars use the German word Traditionsprinzip but not Ubergabeprinzip to express the principle of tradition.There is another French word la delivrance in the France's civil code which means handover but just has the meaning of transfer the real control.The French word le transfert and la remise appears in the Switzerland' s civil code which is wroted in French.The Japanese word ?? and ??used to be translated into Chinese word ??,sometimes the Japanese word ??was translated into Chinese word ?? too.Handover got a narrow explanation in the BGB and the Switzerland ' s civil code.Japan's civil code has a narrow explanation originally but he Japanese words ?? and?? all were translated into Chinese word??,it made our scholars' comprehension broad customarily.The civil code applicable in China's Taiwan region adopts the broad and narrow explanations at the same time.The handover in the legislations applicable in China's mainland region got the broad and narrow explanations as well,the broad one concludes real handover,simple handover,constituted possession and indicated handover,the narrow one is real handover.The artificial handover is one kind of real handover.The nature of handover can be separated to three levels.The first level,when handover is written in German word Liefelung/Ubergabe,the English word deliver,the French word la d6livrance and the Japanese word ??,its nature is factual behavior.The second level,the BGB's using the German word Gewalt to describe possession made Ubergabe has double meanings,one is to transfer the fact of possession,the other is to transfer the function of possession.But under the background of Abstraktionsprinzip which is confirmed in the civil code,no matter Ubergabe transfers the fact or the function of possession,they would both cause the higher level legal consequence of transferring the right in rem.The legislation applicable in China's mainland region did not set the Abstraktionsprinzip,when handover is translated in German word Ubergabe which is stripped the meaning of Liefelung,it could just cause the result of transform the function of possession.Ubergabe is neither the fact behavior nor the legal one.Different translations of handover,different scopes and authorities of the subject.The third level,when handover is written in German word Tradition,the English word tradition,the French word tradition and the Japanese word ?? and ??,its nature is legal act,which is written in German word Rechtsgeschaft.The object of handover includes movable property,unmovable property,virtual property,conceptual property and some kind of special personality benefits which can be commercialized.The movable property includes normal and special movable properties.The objective things'legal meaning is the carrier of right but not right,is the object of the handover translating into Liefelung/Ubergabe.Normal movable property's carriers includes objective things and artificial things,the meaning of artificial things in law is to strip some functions off the carriers which carried all the functions of ownership traditionally.There are two judgement standards in conclusion of special movable properties,one is from the legal standard and the other is from the contract standard.Under the background of the force ad effect registration system is imperfect,we have to solve the legal consequences of handover the unfinished special movable properties through the legislation.Unmovable properties and some conceptual properties' registries are similar to handover and the registry is different from force ad effect registration and dissenting registration.The virtual property belongs to objective things but they should be protected by the model used in protecting the intellectual properties.The system of limited-transfer cannot be used in traditional commercialization of personality right,which nature is service contract.Some kind of special commercialized personality benefits,like personal informational right,can be the object of handover under certain conditions.The internet technology changed the traditional model of contract which has two parties in co-relationship.The behavior of buyers'sending money to the payment platform should be regarded as handover but not pay.Without certain agreements,the payment platform has no right to use the money which was sent by the buyers.Under the background of the internet technology,the model of handover should adopt the result-orientalism and overlook the circulation process of the subject matter,like the handover happened in the hackerspace' operational model and the pushing in WeChat.The model of handover should be determined as the accepter made sure that he has accepted the handover subjectively and he has controlled the subject matter objectively.The equipment of the internet of things cannot be regarded as having human beings'subjective will,it is just a connection between users and operating center actually.The personal information can be the object of handover only in the condition of forming large-scaled Big Data for the reason of large-scaled Big Data can not be used to presume the main body's identity by the single sample.