英美财产法之契据交付制度研究

On Delivery of Deed in Common Law System

契据交付是英美不动产交易的必经程序,它从古老的采邑授予演变而来,并成为不动产权利移转的工具,契据交付是对合同的履行。在英国,只有经过契据交付和产权登记,不动产的普通法产权才会发生移转。在美国绝大多数州,契据交付本身就能实现普通法产权的移转,契据登记主要使该产权发生对抗效力。

Delivery of deed is an indispensable process in the conveyance of real property in common law system. The process has evolved from feoffment in the feudal age and today it becomes mainly a tool for the transfer of title. A deed differs from a contract in that the former is the performance of the latter. In Britain, the right to estate will not be transferred until a deed is delivered and registration was made. In most states of the U. S. , the right to estate is transferred iramediately after the delivery of deed, which is always registered to acquire the priority of the title.