Study On The Reiteration Trade Of Commercial Housing

The reiteration trade of commercial housing is the typical reiteration trade of estate, which means the seller concludes two contracts synchronously or successively in order to sell the same commercial housing to two different buyers. The phenomenon of 'dummy mortgage' in the realty industry is a frequent and particular phenomenon that 'a thing is sold twice'.The sell-buy contract is the typical trade and the typical alteration of property right. The alteration of credit and property right about the sell-buy contract has different rules, which is the institutional base in the reiteration trade. Countries of continental system often have three altercating modes of property right in lawmaking choices, which means property right formalism, form of creditor's right opinion and creditor's right formalism.In the mode of property right formalism, when the seller contracts with the first buyer, the seller still is the holder if having no farther course. No matter how many contracts made by seller to the same goods, those contracts are valid of course. In the mode of form of creditor's right opinion, if the first contract comes into existence, the contract is invalid when the seller contracts with the second buyer. In the mode of creditor's right formalism, if seller contracts with the first buyer, the buyer will have the ownership. It is the contract of selling other's goods if seller contracts with the second buyer. This contract can not be fulfilled, but the effectiveness can not be denied. China use the property right altercating mode of creditor's right formalism, when the contract comes into existence, the contract which seller contracts with the second buyer is the contract of selling other's goods. There are three attitudes including invalid, waiting effect and valid, this paper agrees the valid viewpoint.As far as the adscription of estate's property right in the reiteration trade, in the mode of property right formalism, the changing of estate's property right needs bargain and register. In the mode of form of creditor's right opinion, the estate's property right will change at the same time when the contract comes into existence. And in the mode of creditor's right formalism, after the contract comes into existence and register, the estate's property right will altercate. made newly in China uses the property right altercating mode of creditor's right formalism.'Dummy mortgage' in the commercial housing trade has the commonness of 'a housing is sold twice' and the particularity. The second buyer can vindicate his own right and interest according to the redress way to the victim in 'a thing is sold twice', and can claim that the contract made by the seller and the first buyer is invalid by the reason of 'An illegitimate purpose is concealed under the guise of legitimate acts., or repay doubly based on the explanation by the Supreme People Course.