Research On The System Of Personal Property Delivery

The means of publication of the transference of personal property is the transference of possession——delivery. As British scholar Bali said: delivery is transparent action in law, it gets its content in according to the specific condition when it implements. Reviewing the legislation of modern countries, the content of publication of personal property contains two: the means of publication of personal property and the validity of publication of personal property. The whole article consists of three parts: Preface, Test, and Conclusion. The test is divided into four chapters.Chapter 1 elaborates the significance, role, and the function of personal property delivery from the definition of delivery. And then it emphatily discusses the two kinds of different types of delivery——subsistent delivery and notional delivery.Chapter 2 elaborates the nature of personal property delivery on the basis of the relationship between the publication of property and the transference of property right. The attitude towards admitting juristic act of property right is different among countries, so there are two kinds of modes of property transference: autonomy of the will real right and formalism. This chapter describes the nature of delivery under different modes of transference of real right. Under autonomy of the will, property publication separates from the transference or creation of property. Under formalism, they blend. But under formalism of property and formalism of credit, the course of blending has difference. As to formalism of property, they blend completely. The act of property transference becomes valid for publication, which is the validity of property transference in the juristic act of real right. The publication is the sufficient condition to property transference. Once the act of cause is invalid, the claim of ill-gotten gains will emerge. To formalism of credit, property publication is only the essential requirement to property transference, and needs to be connected with the act of cause, thus can produce the validity of transference. However, no matter the means are sufficient requirement or essential requirement to property transference, they are valid requirement to property transference.Chapter 3 elaborates the validity of delivery to transference of real right under the different modes of transference of real right: validity in the law of property andvalidity in the law of creditor's rights. Validity in property law embodies in the two legislative modes of property publication: the defensible mode publication and the creation mode of publication. Validity in the law of creditor's rights embodies whether delivery influence unexpected damage, extinguish, the risk burden and loss to goods in business contract.Chapter 4 explains the types of delivery according to its current legislation in China, and discusses whether China should accept notional possession transform and instruct to deliver. In the legislation of China, as to publication of the juristic act of real right of personal property , the principle is delivery, and the exceptional is registration. As to effectiveness of publication, the principle is the creation mode of publication while the exceptional is defensible mode of publication.Finally, the conclusion is that the property law that will soon be established in China should remove the arbitrariness standard to personal property delivery, and stipulate according to law behavior only to get property right, coming into effect from this personal property delivering.