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代物清偿中“代物”须交付或登记后物权变动。自三类诉讼之诉求、法律文书之趣旨及其原有效力考量,迳行导致物权变动者,于判决范畴,因形成力之故惟形成判决始足当之。形成之诉调解书因未蕴含法院之价值判断,故不在此列。形成判决实务中所见有三:撤销暴利法律行为之判决、撤销之诉之判决、分割共有物并宣告地役权消灭之判决。于裁定范畴,不动产、登记之特定动产及其他财产权之执行裁定中,物权变动始于拍定人缴清价金或以物抵债裁定送达权利人,执行回转裁定亦具此功效。
Substitute liquidation “Substitute ” shall be delivered or after registration changes in real rights. Since the demands of the three types of litigation, the purported purpose of the legal instruments and their original effectiveness considerations, those who cause changes in real rights in the judgments are only sufficient to form the judgment because of the power of formation. The formation of the indictment mediation does not contain the value of the court to judge, it is not in this column. Formation of judgments Practice has three: the verdict of the withdrawal of legal acts of profiteering, the verdict of the revocation of the litigation, the division of the Communities and the adjudication of the eradication of easements. In the ruling area, immovable property, registration of special movable property and other property rights in the ruling, the change of real right begins after the claimant pays the premium or the lodging of the goods to the rightholder, the ruling of the rotation also has this effect.