Instructs The Specification Analysis Of The Delivery

Instructed delivery as one of the delivery methods,which is stipulated in Article 26 of the Property Law of China,as a theoretically complicated legal system,only a brief description(relative to the right of the person to return to the third party)And the completion of the change of property rights,there will be many doubts in the process of transfer and establishment.Not only that,but the explanation of the concept of delivery is also in the academic world,because the scholars did not deliver the instructions when delivering the instructions to the study.Seeing the legal structure of the whole property law,the theoretical expression can trace the ambiguous terminology errors.From the above problems,there is still room to explore in the instruction delivery theory.Many theoretical doubts have not received enough attention,so There are loopholes in the guidance of judicial practice.Many cases are not suitable for the phenomenon.The more obvious is the confusion of the instructions for delivery and possession of instructions,the law applicable to the order.The differences in the choice of research methods will lead to very different research results.This paper believes that the current provisions for the delivery of instructions are too broad,and it is intended to be double-regulated from the extension and connotation,and its purification is to reasonably limit the form of extension,etc.The angle analysis indicates the effectiveness of delivery.In summary,the explanation of delivery is explained from the system explanation,and the explanation of the meaning of the text is jumped out,but it does not mean denying the interpretation of the meaning of the text.In this case,according to the directivity of the "Property Law of China",the theoretical difficulties of the delivery are indicated.Make available suggestions for improvement.How to ensure safety while pursuing benefits is an eternal topic,as this article solves the problem.In addition to the introduction,this article has three parts:The first part indicates a conceptual analysis of the delivery.The application of the instruction delivery has been subject to controversy.The bill of lading disputes and transportation contract disputes in the maritime law have appeared in the judgment documents,and the concept of delivery of instructions has been clarified.The source of the instruction delivery is the core of the delivery concept analysis.The nature of the indication delivery is the change of the ownership of the movable property based on the transfer of the indirect possession,and the transfer of the non-possessory movable property is mostly manifested as the lost property or the theft.At this time,the object is not occupied by anyone,and the time for returning the claim is not It is determined that the delivery of the applicable instructions will be counterproductive,and conversely it is sufficient to transfer ownership.However,the delivery of securities is a defense against the failure to cut off the civil relationship,which makes the value of the delivered securities in commercial circulation greatly reduced.The special rules applicable to commercial law are more suitable.The second part indicates the basis of delivery: factor analysis.A comparative analysis of the constitutive requirements for the delivery of instructions as a type of delivery,in order to more clearly understand the delivery of instructions,and to sort out the basic elements such as the constitutive elements of the delivery,this section is divided into three sections,respectively,the theoretical basis for the delivery of instructions.Indirect possession,indicating the indispensable definition of the third party subject in the delivery,and the impreciseness of the law leads to the normative analysis of the “legal” discomfort.In this regard,the interpretation of the instruction delivery system and the interpretation of the text,The analysis of the real rights formalism of real rights and interests leads to the following analysis of the specific system and the countermeasures.The third part indicates the effectiveness analysis of the delivery.The so-called effectiveness,as described in the law,argues that the nature of the right to return claims,the three doctrines each swear,indicating that the transfer of the transferred request for the right to transfer can actually be converted into a transfer that can break through the possession of the media to grant the right to return The agreement that cannot be given,but only the right to claim the property,indicating that it does not contain the claim for claims,and denies the existence of the claim for claims.Therefore,when the applicable instructions are delivered,the right of claim can avoid unnecessary competing claims.The scope of application of the right on the purified substance.