Legal Effect Of Delivery In The Alteration Of Real Right

About the alteration of real right, judged by our present theoretical research into it and the past judicial examples, it' s thought that registration is one of the indispensable conditions of the alteration of the real right. But in real life, the registration formalities of many real properties' transactions,especially the housing deals, and gone through long after the delivery of the real things. In addition, because the rules of registration are far from consummate, there are many real properties not registered in our country. It so happened that the real property has been actually deliveried, but the registration formality is not gone through. So the function and effect of delivery is well worth researching. In view of it, I research and analyse its legal effect in the alteration of the real right in three respects as follows.Part One:General theory of delivery. The approaching of general theory of delivery is the theoretical prerequisite of the whole article. By approaching the basic concept and nature of delivery and the relation between delivery and alteration of real right, combining our present legislation, I raise the problem to discuss:legal effect of delivery in the alteration of real right.Part Two:The external effect of delivery in the alteration of real right. I'll approach the problem raised in the article accordingto making real right public . The principle of making the real right public is a basic principle established according to different countries' real right law. Through comparing, I' 11 research the effect of making it public in alteration of real right, and further point out the function of delivery in making real right public.PartThree:The internal effect of delivery in the alteration of real property. In this part, I' 11 discuss the problem from the internal effect of delivery in the alteration of real right. I' 11 point out its important significance in the transaction of real property. Title transfer by delivery, as a general rule, is not only suitable for movable property, but als-o for real property. At the same time, delivery plays a decisive part in bearing the risk of interestedparties.