Transfer of ownership of the subject matter of delivery

Delivery is the transfer of possession of the subject matter. The delivery of real estate is usually effective when the keys are handed over or the check-in procedure is signed.

The transfer of ownership is based on the delivery of movable property. Immovable property is subject to property registration.

1. Delivery is an act;

2. The transfer of ownership is a de facto state (or a legal fact);

3. Delivery is a kind of delivery;

4. The transfer of ownership is the state after payment.

5. For example: I pay you a bicycle, it may be lent to you, it may be given to you, or it may be returned to you - whether the ownership of the bicycle is transferred is uncertain; I gave you the bike, but you can't be sure whether you will take it, that is, whether you will pay it or not.

Generally, the delivery of movable property is regarded as a transfer of ownership, unless otherwise agreed, if the buyer may retain ownership, although the goods are delivered, but the buyer pays the purchase price, the ownership is transferred. However, as long as the delivery is completed, the risk of loss of the subject matter is transferred together.

The movable and immovable property to be registered shall be registered and transferred, and the transfer of ownership shall not be regarded as a transfer.

That is, the distinction between movable property and immovable property mentioned downstairs is different, and the conditions for the transfer of ownership are different. See upstairs post.

If the subject matter is immovable property, registration procedures need to be performed; Movable property is delivered directly.

The ownership belongs to the real right, and the contract takes effect when the contract is signed, but the ownership has not been transferred, because of the change of the real right, according to the principle of publicity of the real right, the movable property should be delivered. One of the types of delivery is the act of instructing delivery, that is, the owner instructs a third party to deliver. All of this is to be done after the third party has been notified and the delivery has been completed, at which point the ownership will be transferred.

1. What should I do if I don't get it after delivery.

When the delivery of the subject matter is actually in the possession of a third party other than the parties, the assignor assigns the right to claim the return of the third party to the transferee in order to replace the actual delivery of the subject matter. Article 227 of the Civil Code provides:

If a third party takes possession of the movable property before the creation and transfer of the movable right, the person who bears the obligation to deliver it may transfer the right to request the third party to return the original property in lieu of delivery.

a) 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.

2. Rules for the change of property rights of construction land use rights.

1. The principle of registration shall be implemented for the change of immovable property rights; The change of movable property rights shall be subject to the principle of the right of the delivery owner.

2. If it is a real estate such as a house, it is not only necessary to sign a sales contract, but also to go to the housing management department to register the change of property rights, so that the property right can be transferred; Movable property is like a table, as long as the parties pay for it, and the seller gives the table to the buyer, the real right changes.

3. The immovable property should go to the real estate registration center to go through the registration procedures; Movable property only needs to be handed over to the other party, and the delivery of movable property adopts the principle of delivery element in legislation, that is, the transfer of possession is the effective condition for the change of property rights. Before the transfer of possession, the change of the real right not only cannot be used against a third party, but also does not have effect between the parties, and is divided into simple delivery, modification of possession, delivery of instructions, and delivery of fabrication.

It should be noted that the creation, alteration, transfer and extinction of immovable property rights shall become effective upon registration in accordance with the law; Without registration, it shall not take effect, unless otherwise provided by law.