A Study On Double Bargain Legal Problems

Double bargain is a reality problem in ever country. If this question cannot be revolved, the commercial order will be damaged and it's hard to realities the better order of social resources. In the view of theory, double bargain is related with the change of rights over things, the obligation contract, the redress of wrongs, and other questionable basic theories, which should be made clear. On this foundation, author tries to make a study on it in order to obtain some reasonable advises by historical, comparative , benefit coordination study of jurisprudence.Despite the beginning and the ending, the full text altogether divides into four chapters, main content as follows:First chapter discusses the legal structure of double bargain. Author makes a study on two related questions by historical and comparative study of jurisprudence. The first is a contract brings out just the effect of obligation only or the effect of rights over things also? The second is if there any cause to the change of rights over things? Author thinks, in Roman law, it only brings out the effectiveness of obligation from agreement, and the change of rights over things depend on transnational conception, at the same time, because the change of conception, it shows" the cause principle" and 'the no cause principle 'from Roman law.Second chapter discusses the legal effectiveness of bargain. Author thinks it will destroy the basic conception in traditional civil law and conflicts in logic if we accept the theory of the uncompleted change of rights over things and theory of the confidence. Author differ the legal effectiveness of contract from the legal effectiveness of contract of rights over things in double bargain. The two contracts are both effective, and we shall use the normal measures of legal behavior to makeclear that weather the contract of rights over things have its legal effect. It is wrong to think there is no different from the change of rights of contract and the change of rights over things. The 'differ principle' in our country is different from Germany and it cannot show the independence of rights over things. If only in view of the conclusion, the two choices are quiet similar. On base of theory and the reality, author thinks it may be harmful to give the completed power of real estate registry.Third chapter discusses how to provide against double bargain and remedy it in double bargain. In order to provide against double bargain with an evil, we should establish the registered systems of real estate. The tort in double bargain is mainly tort affecting property Author thinks if the later buyer tries to damage the prior buyer, thus make a tortuous act. In the theory, usually the prior buyer just can ask the redress of wrongs of contract. But in fact, it is difficult to make out how much of the number in redress of wrongs, if there is no agreement between the two sides.Fourth chapter discusses right of rescission. Author thinks it is actually a consideration between per formation and the redress of wrongs in deciding weather give the prior buyer the right of rescission. Author points out that each have valves. Redress of wrongs by money is useful to benefit the social resources. But sometimes it is limited by its foundations to give effective redress. Thus author thinks in cases, we can take the choice of per formation to solute the restrictive choice that redress of wrongs by money.