On Legal Consequences Of Delivery In Transfer Of Real Right

Delivery is one very important stage in real properties’ transactions. But according to ourpresent law and regulations, as well as judicial cases, there is no certain force of law for realproperties’ transactions. The specialists at civil law note that registration formalities isimportant and there is a lack of study and discussion for delivery in real propertiestransactions.But in reality, we can find many cases of delivery of real property transaction, especially in house sales.But it’s necessary to argue the force of law of delivery after ownershipof real properties changed, while there is no registration formality. It will be discussed fromthe following four aspects.The first part is introduction. It tells the meaning and background the thesis, stating theexperts study about the system of delivery of real properties’ transactions and pointing out theproblems and solution for delivery of real properties’ transactions.Second part: It studies the origin and history of delivery of real properties’ transactions;starting from early stage of Rome law, statement for the diversification in Justinian law,talking the model of “hand to hand” in Germanic law system and acknowledgment of deliveryin modern delivery system. It studies the nature of delivery according to the Germany expertSavigny’s ownership behavior theory and analyses whether it’s independent contract. Ofcourse, the discussion of delivery of real properties’ transactions is based on delivery ofmovable properties, highly emphasized on the delivery model. Last, it’s explanation aboutdelivery in law.Part three: the research on comparative law. Regarding civil law countries, writerexplains the delivery force separately from different countries real estate real rights model;one is commensalism of change of real right, represented by France and Japan; one isformations of credit rights, represented by the Swiss civil code; delivery is just the importantcontent and has no force law; the last one is theory of juristic act of real right, represented byGermany Civil Code, also said there is no law force about delivery of delivery of immovableproperty. About Anglo-American Legal System, writer emphasizes the deeds delivery system,which is the necessary course. Part four: before the issue of property law, there is no rules clearly said only after registration,can change of real right happened in our General Rule of Civil Law and Contract Law.Second, in the analysis of the property law establishes strict registration of effective real estatereal right change mode, but based on considerations of some public policy, the provisions ofthe category to owner is the delivery of real estate property rights sense a kind of recognition.Then make one brief introduction about the case that has delivery effectiveness basedon our judicial practices. In the end, is the effect on real estate delivery to our country lawstandard of a discourse system defects, mainly is the lack of effect on the delivery of theproperty law and other laws and regulations on the effectiveness of delivery is a contradictionbetween, defects and its consequences slightly make analysis.The fifth part, is the core part of this paper. The author tries to improve China’s propertylaw on real estate delivery system from the perspective. First it analyses the theoretical basisof property delivery system. And further from scholars dispute of real estate deliveryeffectiveness evaluation, and interpretation of three stage to changes in property rights in realestate. Starting from its rationality, and the connotation of the core-the buyer of the middletype rights, emphasizing important effect of real estate delivery.