Research On The Protection Of Buyer In Multi - Sale Contract Of Motor Vehicles

The multi-buy-and-sale of motor vehicle’s phenomenon is a common problem in real life,in the real business,when the seller facing greater interest choices,they often try to seek the maximum benefits,so they go against the principle of good faith,signing a number of business contract with two or more person,which leads to the emergency of a large number of movable phenomenon of multiple business.This phenomenon brought significant damage to the interest of the buyer.Among “The Interpretation of the Supreme Peoples Court on Issues Concerning the Application of Law for the Trial of Cases of Disputes over Sales Contracts”,the article 10 stipulate some rules on determining the ownership of the subject matter.While some of the standards has violated the basic legal theory and the current law,they may cause more problems when applied in practice.This article analyzes the current situation of our country’s law to protect the motor vehicle buyer and the shortcomings on protecting the interests of the buyer.That the second buyer’s subjective state is not be considered is not fair to the first buyer.That it destroy the creditor’s rights and principles damage the interests of of other buyers. The buyers who has already been registered can not get adequate protection from the law because of the delivery priority.The interests of the buyer who has paid in advance has not taken into account.That the seller deliberately circumvent the law damage the interests of the buyer whose contract t should be fulfilled seriously. Then this article analyzes the present situation of the protection on the motor vehicle buyer in different countries.Every country has its degree of the buyer’s protection with its own pattern of property right change.This chapter mainly talks about the protection of the motor vehicle buyer under the Credit Autonomy of the Will,the formalism of real right,the formalism of creditor’s rights.Finally,this article proposes some initial improvable opinions:considering the state of the second buyer,protecting the equality of creditor’s rights through the bidding purchase and delay payments,giving the effectiveness of the motor vehicle’s registration prior to delivery, joining the advance payment when considering the order of the contract,limiting the free choice of the seller.