The Analysis On Registration Of Real Estate In Terms Of The Double-selling Of Real Estate

The double-selling of Real Property happens frequently and often involves in huge money. We can't neglect the importance of influence that it brings to the rights of civil parties. Because there are no certain provisions about this problem in the act of contract, it has quite important valve both in practice and theory to discuss this phenomenon in theory. There is one thing we should make sure at first that the double-selling of Real Property I will discuss is the double-selling ofhouse. The sales of house include the sales of commercial house, the salesof private house and the sales of house belonging to country. The article will introduce the distinction between the double-selling of commercial house and the outcome of law.Chapter I: It introduces the basic theory, about registration system of Real Property, and several kinds of double-selling of Real Property happened in realty.Chapter II: It introduces the registration systems of Real Property using different countries in the world. And it also discusses the registration system of our country.Chapter III: This is the most important part of the article. It discusses the different kinds of double-selling of Real property, through using theory and also cases.Section 1: It uses one case to discuss the problem of ownership when the two buyers didn't register.Section 2: It also uses one case to discuss the relief rights of the former buyer when the latter buyer gets the ownership of the house in issue.Section 3: It discusses the effectiveness of selling that the seller sells the house to the latter buyer after the former buyer getting the ownership. It introduces and discusses the different opinions of scholars and raise own opinions. It also discusses the effectiveness of the contract of housing sales and the relief measures for latter buyer when the former buyer registered after the seller make contract with the latter buyer.Section 4: It discusses the protections of new buyer in good faith when the latter buyer sells the house after he get the ownership.Chapter IV: The main reason of so many double-sellings of Real Property happening in the reality is the shortcomings of the registration system in China. First, this chapter will discuss the shortcomings. Second, It will discuss some important policies in the new act of property, which make progress in the shortcomings and be good to solve the great problems of the double-selling of the Real Property. e.g.: Preliminary registration of Real Property.