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本文基于我国民事立法的一般原则和相关的具体规定,结合交付与所有权转移、风险负担等热点问题,对交付的法律效果进行分析和梳理。交付是动产物权变动的生效要件,是动产所有权转移的标志。交付动产是物权公示的方法,也是动产物权公信原则的体现。交付对保障交易安全有着重要意义。在买卖合同中,交付之时是界分标的物风险负担和利益承受的准据时点。
Based on the general principles of civil legislation in our country and relevant specific provisions, this article analyzes and combs the legal effects of delivery in connection with hot issues such as delivery and transfer of ownership, risk burden and so on. Delivery is the entry into force of changes in property rights of movable property, is a sign of the transfer of ownership of movable property. The delivery of movable property is a method of publicity of property rights and an embodiment of the principle of public trust of movable property rights. Delivery is of great importance to the security of transactions. In the sale and purchase contract, the time of delivery is the risk burden of the subject matter and the time when the benefit is accepted.