A Legal Analysis Of Chain Contract For House Sale And Purchase

House sale and purchase is the civil behavior that is on the subject of the real estate tsansaction,which related to two major difficulties of the real estate contract that is very hard to resolve and deal with in Property Law and Creditor's Rights Law ,which has always been the academic and practical focus of debate issues, in particular the sale of real estate is a series of studies on the best changes in property rights cases. This article is to explore the issue, a series of sale and purchase of real estate and the buyer did not complete the transfer of registration, should be what the ownership of real estate changes, attributable to one.The case discussed in the article is a special case of the sale of real estate chain, and there are two sale contracts those aren't registed, so it is necessary to analysis the effect on every contract. This article begins to analysis whether it is invalid disposition,then analysis the effect of the two contracts and take the conclusion that the two contracts are effective,too.This article talks about the paths to solve the problem from the different views: first, analysis its characteristics from the definition of a contract for the sale of housing , and then use deductive reason to draw the nature of the contract in this case. Because the saler is special in this case,that they have no rights when they sale that, he has no right of action for action, they should have the right to dispose of them according to analysis at the pros and cons. Second, analysis the effectiveness of the two contract, through the discovery of Property Law did not come to the procedures for transfer of the housing contract of assignment is effective; Third, talk and analysis the protection of the expective right of the parties of the contract, the right of ratification ; Fourth, analysis the ownership of the subject matter on the point of the possession, economics and the integrity, come to the conclusion that subject matter should be attributed to the current occupant.This paper argues that real estate ownership should be attributed to the first occupant. First, to demonstrate the function of possession, first of all, from the possession with the right to the beginning of the relationship between the point of view argues that based on the protection of the right of possession to strengthen the function of the right to obtain possession of the buyer may ask the court to be and so the legal ownership of housing sentence attributed to him, followed by function, as well as from the possession of the buyer's point of view of the protection argument, the tenure system in the property transfer process, in particular, changes in real property transactions should be the protection of security and the disposal of material facts, and make the best use of the promotion of. Against the existing legal system to protect the interests of the buyer of real estate issues through adverse possession of the security system to protect the transaction to protect the interests of the buyer. Second, the perspective of law and economics to demonstrate the argument. First of all, the effective allocation of resources and use in order to maximize efficiency for the purpose of analysis, between the interests of equal rights measure. Third, from the point of view to demonstrate good faith, on the legal rights of the rights of people who can not confront the fact that (the buyer has been made in possession of) conclusion.Finally, a contract for the sale of the chain of judicial recommendations to improve specific aspects of the system.