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【裁判要旨】物权法第二十三条规定:“动产物权的设立和转让,自交付时发生效力,但法律另有规定的除外。”同时,该法第二十七条规定:“动产物权转让时,双方又约定由出让人继续占有该动产的,物权自该约定生效时发生效力。”依据上述规定,动产物权的转让,以交付为公示要件,无论交付的方式是现实交付还是以占有改
Article 23 of the Real Right Law provides that: “The establishment and assignment of the real right of movable property shall take effect upon delivery, except as otherwise stipulated by law.” Meanwhile, Article 27 of the Law provides that “In the transfer of the ownership of movable property, both parties also stipulate that the transferor shall continue to possess the said movable property, and the real right shall have effect upon the agreement becoming effective.” According to the above provisions, the transfer of the real right of movable property shall be delivered as the publicity requirement, Whether the actual delivery or possession of the change