When is the indication of a change in the title of the delivery?

The time at which the change in the property right of delivery is indicated is the change in the real right when the notice reaches the third party. The movable property right is subject to delivery as a condition for the change to be effective.

Legal basis: According to Article 23 of Chapter 2, Section 2 of the Property Law, the creation and transfer of movable property rights shall take effect upon delivery, unless otherwise provided by law.

According to Article 26 of Chapter 2, Section 2 of the Property Law, if a third party takes possession of the movable property in accordance with the law before the creation and transfer of the movable right, the person who has the obligation to deliver the movable property may transfer the right to request the third party to return the original property in lieu of delivery.

When the movable property is in the possession of a third party, the transferor assigns its right to claim the return of the third party to the transferee in lieu of delivery. Two conditions must be met for the delivery of instructions to be established:

1. It is a contract in which the parties must have a transfer of ownership.

2. The transferor shall notify the actual possessor of the subject matter of the fact of the transfer of ownership. It is characterized by the fact that the sale is first, the delivery is last, and the others are delivered.

The property right delivered by the instruction shall take legal effect when the instruction is completed.

Instruction for delivery means that when the movable property is in the possession of a third party, the transferor assigns its right to claim the return of the third party to the transferee in lieu of delivery.

Property Law. Article 23 The creation and transfer of movable property rights shall take effect upon delivery, unless otherwise provided by law.

Article 26 Where a third party takes possession of the movable property in accordance with law before the creation and transfer of the movable right, the person who bears the obligation to deliver may transfer the right to request the third party to return the original property in lieu of delivery.

Instructional delivery derives from the Roman law of "long-handed delivery" and is a form of conceptual delivery. According to Article 26 of the Property Law of the People's Republic of China, the indication of a change in the property right in the delivery environment is that the person with the obligation to deliver can replace the delivery by transferring the right to request a third party to return the original thing (the right to claim for the return of creditor's rights or the right to claim for the return of real rights). The right to transfer the right to return is not agreed by the debtor, but the debtor must be notified, and the notification means that the delivery is completed, and in the absence of other agreement, the ownership and risk are transferred.

The instructed delivery of immovable property means that when the movable property is created and transferred, if the movable property is occupied by a third party and (c), the person who has the obligation to deliver may transfer his right to claim the return of the third party to the new right holder (B). At this point, when A and B reach an agreement on the transfer of the right to claim for the return of the original thing, B will obtain the right to claim the return of the third C, as for whether B can get the ownership, it depends on the prior agreement between A and B, if A pledgees to B, B is the pledgee needs to take possession, there will be no change in ownership, and the ownership is still owned by A; If it is agreed that B acquires ownership, then, at the moment when the agreement is reached, the ownership changes and the ownership belongs to B. Unlike the modification of possession (another method of payment, the modification of possession can only be used for the transfer of real rights, not for the establishment of real rights, such as the establishment of pledges.

If the delivery is completed by way of instructive delivery, the law does not clearly stipulate the time point of occurrence of the change in real rights, and it is generally held that the change in real rights occurs when the agreement between the transferor and the transferee to instruct the delivery takes effect, but if the direct possessor is not notified, the change in the real right that has occurred before the notice arrives shall not be effective against the direct possessor. Similar to the relevant provisions of the "Notice of Assignment of Creditor's Rights".

1. What is Instruction Delivery?

When delivery is indicated, the subject matter to be delivered is in the actual possession of a third party other than the buyer and the seller, and the transferor, in order to complete the delivery, will assign its right to claim the return of the third party to the transferee in lieu of the actual delivery of the subject matter. For example, if the seller sells the subject matter that has been leased or the subject matter that is in the custody of another person, it may assign to the buyer the right to claim the return of the leased property to the lessee or the right to claim the return of the custodian or warehouse in order to actually deliver the subject matter. The more common indication delivery is to deliver the bill of lading and warehouse receipt to the buyer in lieu of the actual delivery of the goods, in which the delivery of the bill of lading and warehouse receipt is also known as the simulated delivery.

2. What is the difference between instructional delivery and simple delivery?

Simple delivery means that the transferee has taken possession of the movable property, and if the transferee has actually taken possession of the movable property through consignment, leasing, borrowing, etc., it shall be deemed to have been delivered when the agreement on the change of property right is established. It is characterized by delivery before and purchase and sale last. That is, it has been delivered (possessed) before the sale.

For example, A lends a bicycle to B for one month, but within one month, A and B enter into a contract for the sale and purchase of the bicycle, and the bicycle is in possession before the sales contract is concluded.

When the delivery is directed to be the possession of a third party, the transferor shall transfer his right to claim the return of the third party to the transferee in lieu of delivery. It is characterized by the fact that the sale is first, the delivery is last, and the others are delivered.

3. Indicate when the change in property rights will occur in the delivery of the mask.

The time when the change in the deliverables is indicated is the change in the property title at the time of the notice to the third party.

1. The contract takes effect when the contract is signed, but the thing has not been transferred, because of the change of the thing, according to the principle of the disclosure of the property, the movable property should be delivered. One of the types of delivery is the act of instructing a third party to deliver the goods. Therefore, it is necessary to instruct the third party to complete the delivery after notifying the third party, at which point everything is transferred.

2. According to Article 227 of the Civil Code of the People's Republic of China, if a third party takes possession of the movable property before the creation and transfer of the movable right, the person who has the obligation to deliver it may transfer the right to request the third party to return the original property in lieu of delivery.

3. When the movable property is in the possession of a third party, the transferor assigns its request for return to the third party to the transferee in lieu of delivery. Two conditions must be met for the delivery of instructions to be established:

1) The parties must have a contract for the assignment of ownership.

2) The transferor shall notify the person in actual possession of the subject matter of all the facts of the transfer. It is characterized by the fact that the sale is first, the delivery is last, and the others are delivered.