The Analysis Of Thing Sold For Times And The Remedies And Resolution Of Thing Sold For Times

Thing sold for times is a usual question in life. The betraying good faith of the seller leads to the occurrence of thing sold for times. It not only trespasses the benefits of the buyer, but also destroys the principle of good faith and the order of market economy. How to resolve the question of thing sold for times is an important question in legislation and legal theory. It leads to the dispute between the parties, when thing is sold for times. The parties will bring an action on the dispute, and the court must make a decision. So the study on thing sold for times is beneficial to resolve the actual problem, to protect the benefits of the buyer without fault, and to maintain the good order of the market economy. Thing sold for times not only is relative to the theories in real law, such as the mode of real right alternation, the registration of caution, unauthorized disposition, escrow and the priority rights in real estate transaction, but also to the theories in debt law, such as the relation between the sale contract and selling other's property, creditor's right of revocation, the range of the damages compensation in the liability for Breach, the third party infringing creditor's rights. The question of thing sold for times contains many theories of civil law, so the study on thing sold for times is beneficial to the cognition and understanding to the theories of civil law, and to resolve synthetically the question of thing sold for times in life with these theories. The analysis and study of this paper is based on the demand of resolving the question of thing sold for times in life, and this paper analyze the reason of the occurrence of thing sold for times, the characteristics and the essence of thing sold for times and the questions caused by thing sold for times, and give the concrete means for resolving thing sold for times.The analysis and study of this paper is based on the related legislation of our country, but this paper does not consider the related legislation of our country as the standard. This paper bases on the comparative study of the legislation and legal theories and appraises the related legislation of our country and declares my standpoint about the related questions and introduces the system that our country does not have and provides the concrete suggestions on establishing the system. We must point that the aim of this paper is not only to do comparative study of the legislation and legal theories, but also to provide the concrete suggestions for legislation. The very important aim of this paper is to provide concrete measures for solving the problem of thing sold for times. We should also point that the analysis of thing sold for times of this paper is not only to obtain the clear understanding to thing sold for times in legal theory, but also to provide the concrete effective rules for solving the problem of thing sold for times in real life. It may be not the difficult problem in legal theory to solve the problem of thing sold for times, but it is very important to solve the problem of thing sold for times in real life, so it is necessary to make the rules for solving the problem of thing sold for times clear and concrete.The paper includes three parts. The first part is the foundation theories related to thing sold for times. These theories must be known clearly before analyzing thing sold for times for they are the foundation of analyzing thing sold for times. These theories are the theories of juristic act of real right and some related theories in the theories of sale contract. We should know clearly the related foundation knowledge before analyzing one question, so the first part of this paper analyzes the related foundation theories. The second part is to analyze thing sold for times. The paper analyzes and summarizes the meaning and characteristics and categories of thing sold for times, then points out the questions brought by thing sold for times. This part mainly makes preparations for resolving thing sold for times. We should have a clear cognition on the essence of one question before we resolve the question. So the paper analyzes deeply thing sold for times before the paper provides the means of resolving the question. The third part is on the remedies and resolution of the question of thing sold for times. The occurrence of thing sold for times is avoidless, so the things that we can do are to take some means in the process of concluding the sale contract to prevent the problems brought by thing sold for times and to give the remedies to the parties who suffered loss in the process of thing sold for times. In the process of concluding the sale contract, we can make the performance of the second and the third sale contract or the other sale contracts of the seller difficult or impossible with some means like the registration of advance notice and escrow and priority, so the first sale contract or the specific sale contract can be performed surely. After thing sold for times occurred and the adscription of the thing of the sale contract ascertained, the related parties should compensate the losses of the buyers suffered from thing sold for times, such as compensation on the damages for breaching contract and compensation on the damages for infringing creditor's rights, or the law gives the buyer the legal right of cancellation and the court revoke the act of disposition for protecting the benefits of the buyers if the seller abuses his rights and the buyer use the legal right of cancellation, such as the cancellation right of the fucked and the creditor's right of rescission. Thing sold for times is a special question, and it is in touch with the real law and the debt law closely. The remedies and resolution of thing sold for times should not limit to the means in debt law, and should have the means in real law. The means provided by this paper not only points out a direction of resolving thing sold for times, but also gives concrete and maneuverable rules, so this paper provides concrete suggestions for the improvement of legislation.