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The Legal Protection Of The Buyer In The Multi-buy-and-sale Of Property

Posted on:2008-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y X JinFull Text:PDF
GTID:2166360245986986Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Multi-buy-and-sale of property means the owner of the property sells his house to more than one buyer and signs more than one contract, which forms more than one buy-and-sale relation and causes disputes easily, damaging the buyers' interests. In such a deal, the real owner of the sold house should be determined according to the theories of the property rights of the relative laws. The paper deals with this issue on the base of the theory of abstractprinciple of the property rights. The analysis on the protection of the buyer has been made. The legal base of the buyers' protection in the multi-buy-and-sale of property has been dealt with and the protection of the buyers' interests has been analyzed by means of property rights protection and the creditor's rights. A possible mechanism to protect the buyers' interests in the law making has been established on the ground of the theories of property rights. In the protection of the buyers of multi-buy-and-sale of property, the change of the property right should be determined by the form the property right. The theory of property right must be acknowledged. Public notice and public credit are the principles and well-intentioned acquisition is the supplement. The last buyer of the house is the legal owner if the contract is legal and the deal has been registered. If the last buyer intentionally violate the creditor's rights, he will be responsible for his illegal act. The legal owner of the house has the rights of property. The buyer who has no property right still has the right to claim compensation from the seller as a result of the contract breaking and the right violation. The former buyer who doesn't obtain the property right can claim the right of cancelling the contract. The latter buyer who acquires the property right will be protected by laws regardless of the defects in the former deal.
Keywords/Search Tags:house, multi-buy-and-sale of property, buyers, protection, abstractprinciple
PDF Full Text Request
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