On The Concept Of Delivery

With the further development of the modern industry and commerce society, speed that the property and goods circulate and appreciation of the wealth has already become the key of promoting the whole social economic growth. Excessive restriction to the way to hand over goods do not do benefit to economizing the trade expenses and making trade convenient. In order to comply with the need of development of era, a kind of new way to hand over goods has appeared in practice, which is under the prerequisite of occupying indirectly and completely different with the traditional way of handing over the goods really. That is the way handed over of the goods in idea. It is still a legislative blank to hand over in idea in the legal provisions of our country. In addition, a series of relevant legal systems are not clear finally for civil legislation either, for example, obtaining the property in a situation that there is not fault subjectively by the way to hand over of the goods in idea. Therefore, there is any more intact legal system in handing over of the goods in idea so far in our country. It has already become last subject needing to be solved of law science urgently of real right that how to build and construct a comparatively perfect legal system and to carry on the theory to prepare for its legislation. By analyzing all-sidled about the characteristic, the key element, the theoretical foundation and the value of the law, having used it for reference with the experience and achievement of the theory about legislating abroad, this article attempts to set up a comparatively intact legal system in handing over of the goods in idea. Thus make the whole legal system in handing over of movable property perfect and science.