The Study On The Aplication Of Idealogical Delivery

The system of ideological delivery based on the meaning of property right , the indirect possession and property right of the mutual integration of their theoretical basis."Real Rights Law"based on the formalism debiting. But it established the concept of ideological delivery and given the same legal effect as actual delivery, which resulting the ideological delivery system would be conflict with other system ,Solve this problem must be start from the nature of ideological delivery system, Comprehend the purpose of formulate the ideological delivery system and elaborate the relationship with other legal systems.Pledge Possession who has the property is the right of publicity Secured way, which also cause psychological and economic burden to the pledge, urge they make a performance of debt and help the pledge to protect their own interests. Therefore, all countries will share the underlying reality of the right to set up as a quality element. The assignee of direct delivery have no real possession of movable property but only obtains the right to ask the third claim return. Real estate is still under the possession of the buyer in the ownership with unchanged occupation system. Easy delivery possession of the rights of others realistic subject matter. Accordingly, the ideological delivery could only establish a simple pledge.And the guarantee will be required to transferred the property to the holder of the mortgage. Its not a typical guarantee by"Real Rights Law",it establish based on the idea that freedom of contract. ideological delivery can make the results of transfer the property, it accord with the acquire of Warranty of alienation.For accord with principle of autonomy, we should be allow ideological delivery to establish warranty of alienation.Innocent purchase of the movable, requested the people to deliver the subject to the assignee. Simply delivery of the obligee for possession of subject, it can be applied in innocent purchase; Delivery upon notice only when the bargainee has a reasonable basis to trust can be applied in innocent purchase; Under the circumstances in switch of possession is also should be applied in innocent purchase, but should be given the original Right a right that can buy the object from bargainee.