观念交付的法价值初探——从法律经济学基本观点出发

Preliminary Learning of the Delivery in Mentality——Embarking from the Basic Legal Economic Concepts

观念交付自产生于交易领域便以其便利、迅捷的优势为动产交付注入了新鲜血液,作为一种与现实交付截然不同的交付方式,观念交付向传统民法所奉行的公示公信原则发起了挑战。法律经济学基本观点为观念交付法律制度的建构提供理论依据和制度依托,使该制度的效率价值得以实现。

The Delivery in mentality has injected the fresh blood into the system of movables delivery since it was created in trade. As a completely difference delivery from present delivery, the delivery in mentality challenges the principle of public summons that is pursued by traditional civil law and is disputed by the law scholars. The basic legal economic concepts may provide the basis theory and the backing system for the delivery in mentality, and further realize the efficiency value of this system.