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“动产依交付,不动产依登记”的权利移转规定与我国立法不符。依据《民法通则》第七十二条,不动产所有权移转原则上应以交付为准,法律另有规定的除外。《物权法》明确了法律规定不动产物权移转应登记的,自登记于不动产登记簿上生效。我国立法对于设施农用地农业设施所有权移转并无特别规定,因此应以交付移转其所有权。在“以物抵债”情形下尚须对协议的效力进行审查。
“Movable property in accordance with the delivery of real estate by registration ” rights transfer regulations and our legislation does not match. Pursuant to Article 72 of the General Principles of Civil Law, the transfer of ownership of real property shall in principle be subject to delivery unless otherwise provided by law. “Property Law” clearly the law provides that the immigration of real property should be registered since the registration in the real estate register to take effect. China’s legislation on agricultural facilities for the transfer of ownership of agricultural facilities is no special provisions, it should be delivered to transfer their ownership. The validity of the agreement needs to be examined in the case of “debt-in-kind”.