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A Practical Analysis Of The Multi - Transaction Right

Posted on:2015-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:K Y ZhangFull Text:PDF
GTID:2206330461499680Subject:Law
Abstract/Summary:PDF Full Text Request
The process of property change, not only involves the rights and obligations of the parties to the transaction, but also has an impact on the interests trust of a third person, so to determine the ownership has always been a complex judicial problem. In Judicial practice, there is a wide variety of morphological changes in property rights, the different ideas of justice cause different outcome of the cases. From the point of view of judicial practice, this paper analyzes multiple competing civil rights issues on the sale of houses, and then sums up the judgmental method and draws the relevant judicial interpretations recommendations.From the analysis of the concept and the cause of the civil rights competition, we try to deduce that the nature of civil rights is a conflict of interests. We can solve the problems by clarifying the border of rights, determining the rights to fulfill the overall legislative, judicial, legal literacy.Through guiding cases, we briefly describe the criteria for judging the effectiveness of the sale of houses in multiple contracts and problem resolution. And we further analyzes the factors that influence the sale of houses in multiple competing of civil rights, and claims on property change mode formalism which has been adopted by focusing our analysis argument. Meanwhile we also discuss the factors affecting the changes in property possession, notice of registration.This paper summarizes the principles and specific rules of judicial practice of multiple houses trading cases, and delivers a detailed discussion of the property legal principles, a matter of a right principle, publicity public trust principles, combined with case studies to explain the judicial process of houses multiple trading cases registered in the priority rules, the degree of fulfillment of overall rules, applicable methods in the compensation of specific rules.
Keywords/Search Tags:right competition, housing multiple sales, the referee method, improvement of legislation
PDF Full Text Request
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