On The Delivery Of Instructions

Article 26 of the Property Law of the People's Republic of China stipulates the instructions for delivery. Indicate delivery means in the establishment and transfer of movable property rights, the transferor is occupied by a third party, and the assignor may, by transferring the claim for the return of the third person to the transferee instead of the movable property. It is not thorough to instruct the delivery system to study theoretically, the application of judicial practice is also controversial. This paper intends to sort out the development history of the delivery system,analyze the theoretical difficulties of the instruction delivery system and point out that the delivery system can still be perfected in view of the current provisions of "Property Law". This paper is divided into five parts:First for the introduction. This chapter covers the indication system delivery issues in the current theoretical research and application in the face, proposed research methods. The theory of delivery is not sufficient, and many basic theories have not yet reached a consensus view, and there are many problems that indicate the application of the delivery in judicial practice. This paper will use the literature research method,comparative analysis, empirical analysis and other research methods to study the delivery of instructions.The first chapter is the basic theory of instruction delivery. This chapter is divided into four parts, from the instructions of the delivery of the content, type, value and instruction delivery and other legal concepts of the instructions on the delivery of the basic theory of combing. The basic theory of instruction delivery is the basis for studying the system and has a fundamental effect on the research instruction delivery system.The second chapter is the historical inspection of the instructions. This chapter first examines the historical origin of the instruction delivery, and then combs the other countries in the world to specify the delivery system requirements, and finally clarify the instructions delivery system in our "property law" system established in the process of what kind of process, pointed out that the delivery system will be included"Property law" is correct and meaningful.The third chapter is the main theoretical difficulty of instructing the delivery system. This chapter mainly aims at the analysis of the difficulties and disputes in the theory of instruction delivery system,and expounds his own views. The main points of the instructional delivery system in this chapter include whether the "possession according to law" should be used as a constituent element of the instruction delivery;the nature of the right to return the assignment in the delivery and whether the notice should be given to the media as an indicator of the effectiveness of the delivery Wait.For these questions, there is still controversy in the research of the delivery of the instructions,analysis and resolution of these issues,as the key to the study of the delivery system.The fourth chapter is to guide the construction and perfection of the delivery system. This chapter first analyzes the application of the instruction delivery system and the application of the pledge system and the system of goodwill acquisition. It is pointed out that through the analysis of the preceding article, it instructs the delivery system to be perfect in our country and puts forward its own suggestions.