Research On The Rules Of Ideological Delivery

The Law of Real Rights of our country is being in discussion now, in which the alteration of the Real Rights is an important issue. Scholars often pay more attention on the alteration of Real Estate for long, but on the personalty, there is no more attention. No less than a scholar of our country indicated that the main task of the Law of Real Right on the alteration of the Real Right is to perfect the rule of delivery, and the main approach to achieve this is to perfect the types of delivery. As the way of publication of the personalty, there is only the practical delivery rule in the Civil Law of our country, and the there is only the simplified delivery rule in the Contract Law, whether the Indicated delivery and the Possession Reformulation should be established in the law and how to use of the two is being in heat discussion no matter in theory or practice. This paper discussed the some questions concerned with the ideological delivery by analyzed the actual law and the draft of the law of the real rights of our country and compared with the delivery of other countries. The paper consists of five parts:Chapterâ… The types of the ideological delivery and its system value.This part analyzed the three basic types of ideological delivery and their inscapes briefly. Ideological delivery is the Ideological transfer of the possession over the object, usually it consists of three types: the Simplified Delivery, the Indicated Delivery and the Possession of Reformulation. On character of the fiction delivery, there are different cognitions among the scholars, but the author consider that although it is the result of the securitization of Real Right, on the essence, it is also the ideological transfer of possession over the object, so on the broad sense it should one of the ideological delivery rule. Ideological delivery is given birth to the demand of the business practice, it has the important value in the market economy: it enables the trade of the real rights more convenient, and it accords with the principle of efficiency, it also balances the relation of the adscription and the utilization over the object effectively, and it is also the basis of other rules such as the alienate warrant.Chapterâ…¡The Theoretic Basis and its Law EffectNo matter in the meaning ism or in the form ism real right alteration modes, the rule of ideological delivery has been established in various countries of continent law system. As a delivery mode entirely different from practice delivery, why it can engender the law effect of real rights alteration in both meaning ism and form ism, this part discussed the different theoretic basis of ideological delivery.Because of the ideological transfer of possession over the object, although the ideological delivery can bring the law effect into the alteration of real rights, however it is short of the necessary exterior token, in other words, on the publication of real rights, it has limitation. So on the relation of others, there is the problem of confrontations in ideological delivery.Chapterâ…¢The basic application of the ideological deliveryThis part mainly discoursed on the extension of the application of the ideological delivery rules: it is restricted in the alteration of personalty taking place only on the basis of juristic action. In the concrete alteration of personalty, it is widely used in the proprietorship alteration, in the impawn and in the alienate warranty without transferring the possession are also concerned with the application of ideological delivery. Of course there also are some restrictions.Chapterâ…£The Problem maybe caused for the deficiency of publication of the ideological delivery and the resolutionFor the deficiency of publication of the ideological delivery, it engenders that the actual right of the real rights is disaccord with the appearance of the right. So in the business practice it maybe causes series problems concerned. This part discussed the problems of the acquirement in good faith with transferring possession and of the lease law relation maybe caused under the ideological delivery.The rule of the acquirement in good faith is to resolve the problem of the maintenance of the dealing safety, it is mainly to protect the interests of the people who get the possession of the object. The acquirement in good faith includes the acquirement of proprietorship and the security interest. Getting the"possession"of the object is one inscape of the rule of the acquirement in good faith, as the way of getting"possession", besides practice delivery, whether ideological delivery can be used? In practice, besides the typical deal, exchange, paying a debt in kind, and even bestowal (especially in commonweal), impawning are common business cases in life, whether ideological delivery can be also used and take the relevant effect, this part discussed the every situation said above.In the case of lease or borrowing a personalty, for the same reason above, when on the condition that the one who actually possesses the object makes bold to put it out to lease to others, there will be interests conflicts among the parties, so this part also discussed how to deal with the problem.The last chapter is the epilogue of this paper. According to the civil law and the contract law of our country, the suggestion draft of the Real Rights, the draft of the Real Rights, this part made some analysis and judgment on the ideological delivery rules and the problems concerned in the legislation of the Real Rights in our country.