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基于法律行为的动产物权变动,以交付标的物(《物权法》第23条~①)即移转物的直接占有为原则。但出让人未必直接占有转让物,多由承租人、借用人等占有媒介人事实管领转让物。若强行贯彻交付原则,由转让人从占有媒介人处取回转让物再交给受让人,费时耗力。因此《物权法》第26条规定以指示交付为例外(《物权法》第26条规定:“动产物权设立和转让前,第三人依法占有该动产的,负有交付义务的人可以通过转让请求第三人返
The change of real property rights based on legal acts is based on the principle of delivering the subject matter (Article 23 ~ ① of the Real Right Law), that is, the direct possession of the transferred goods. However, the transferor may not directly hold the transfer of property, and more than the lessee, borrower and other possession of the media transfer of fact. If the principle of delivery is forcibly enforced, it will be time-consuming and labor-intensive for the transferor to transfer the assignment from the possessor to the assignee. Therefore, Article 26 of the Property Law provides for the exception of the order delivery (Article 26 of the Property Law stipulates: ”Before the establishment and transfer of the property right of the movable property, the third party legally owns the movable property, and the person having the obligation of delivery may, through the assignment Request a third person to return